Blizzard v. Borough of Danville
Supreme Court of Pennsylvania
Appeal, No. 110, Jan. T., 1896, by plaintiff, from judgment of C. P. Montour Co., Sept. T., 1891, No. 101, entering nonsuit. Trespass for injuries to land.
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Appeal, No. 110, Jan. T., 1896, by plaintiff, from judgment of C. P. Montour Co., Sept. T., 1891, No. 101, entering nonsuit. Trespass for injuries to land. Plaintiff’s statement of claim was as follows: The plaintiff, W. H. J. Blizzard, claims of the defendant, a municipal corporation duly incorporated and existing under the laws of the state of Pennsylvania, the damages hereinafter demanded, upon the following statement; the plaintiff, to wit, on the 30th day of May, 1889, and for a long time prior thereto, and from thence hitherto, was and still is the owner and occupier of certain town…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
On the trial of this case it was made to appear that the borough of Danville began about 1860 to make use of a natural stream known as Blizzard’s Run as a part of its general system of drainage. By means of a covered sewer and a paved alley, the surface drainage of nearly twenty acres has been turned into this stream and one or more cellar drains have been connected *483with it. The stream thus became an open sewer, adopted and used as such, by the borough authorities; and the duty of the borough to keep its channel open and to remove accumulations ■of filth, ashes,…
2Cited by14 opinions
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- Harbison v. City of HillsboroOregon Supreme Court · 1922
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