Robinson v. Norwood Borough
Supreme Court of Pennsylvania
Appeal, No. 166, Jan. T., 1905, by plaintiff, from judgment of Superior Court Oct. T., 1904, No. 131, reversing judgment of C. P. Delaware Co., Dec. T., 1903, No. 223, on verdict for plaintiff, in case of Joseph Robinson v. Borough of Norwood. Appeal from Superior Court. See 27 Pa. Superior Ct. 481. The facts appear by the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
The only question in this case is one of remedy. Admitting plaintiff’s right of redress, how was it to be obtained ?; by an action in trespass, the remedy he adopted, or by the statutory proceeding for the assessment of damages resulting from the borough’s improvement? The injury complained of in the plaintiff’s statement was, that in consequence of the borough’s wrongfully, carelessly, and negligently constructing and opening certain streets and avenues, and altering, changing and otherwise interfering with the grade of the land and direction of the water…
2Cited by11 opinions
- Deer v. Sheraden BoroughSupreme Court of Pennsylvania · 1908
- Hughes v. Elizabeth BoroughSupreme Court of Pennsylvania · 1941
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
- Rife v. MiddletownSuperior Court of Pennsylvania · 1906
- Fritch v. Borough of NorthamptonSuperior Court of Pennsylvania · 1921
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