Thomas v. Versailles Township

Opinion by

Kenworthey, J.,

On appeal to the common pleas from the denial of an award by a jury of view, damages were recovered for a change of grade to the full 50 foot width of Vermont Avenue fronting appellee’s property. Actually, only the grade of 30 feet in the middle of the street was paved. The sole question is whether appellant township must respond in damages for the full width or only the amount actually graded.

When Vermont Avenue was accepted in 1935 it was described in the petition and order as “being 50' wide.” The work of opening and grading was performed by the Works Progress…