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1 Sadler 339

Ward v. Gardner

Supreme Court of Pennsylvania

Decided January 4, 1886

Supreme Court of Pennsylvania · decided 1886-01-04

2, of Allegheny County to review a judgment for plaintiff in an action for damages to property. This action was brought by James Gardner against William Ward to recover for damages alleged to have been caused to Gardner’s premises by a cesspool negligently kept and maintained on Ward’s lot.

Affirmed · Decided 1886-01-04

Per Curiam:

¶1We discover no error in the admission of evidence, nor in the affirmance of the point submitted. If the sewer was improperly constructed, or if the owner of the property neglected to make proper repairs, whereby the ordinary and reasonable use by his tenant caused the injury and damage to the plaintiff below, the owner is liable; he became responsible for the damage naturally resulting from a nuisance which he created or caused to be created, and cannot relieve himself by throwing the whole fault on one who was his tenant from year to year, who was guilty of no misconduct towards him.

¶2Judgment affirmed.

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