Hughes v. Elizabeth Borough

Opinion by

Mr. Chief Justice Schaffer.

The County of Allegheny, apparently without any authority from the Borough of Elizabeth, resurfaced part of Third Street in the borough, by applying an asphalt top coating, from four to six inches deep to the brick paving already there. The effect of this was to raise the grade of the street in front of appellees’ prop erty, with the result, when heavy rains occurred, that their property was flooded and damaged. Not only did the constituted authorities of the borough voice no objection to the improvement, but supplemented the work by providing a drain…