Jones v. Borough of Bangor
Pennsylvania Court of Common Pleas, Northampton County
No. 842 January Term 1891, Sup. Ct.; court below, No. 29 December Term 1887, C. P. On November 7,1887, David J. Jones filed a petition for the appointment of viewers to assess damages for a change in the grade of Pennsylvania Avenue, in the borough of Bangor. Thereupon, the court appointed viewers, who afterward reported awarding the plaintiff $110 damages.
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No. 842 January Term 1891, Sup. Ct.; court below, No. 29 December Term 1887, C. P. On November 7,1887, David J. Jones filed a petition for the appointment of viewers to assess damages for a change in the grade of Pennsylvania Avenue, in the borough of Bangor. Thereupon, the court appointed viewers, who afterward reported awarding the plaintiff $110 damages. Both parties having appealed from the award, the case was put at issue upon a statement of - claim and a traverse of certain of the averments therein contained, sec. reg. At the trial on January 20, 1891, the following facts were shown:…
1Opinion of the Court
Opinion,
Me. Justice McCollum :
In 1887, Pennsylvania Avenue, a public street in the borough of Bangor, was graded by direction and at the cost of the municipality “ from North Fifth street to the borough line.” David J. Jones was then the owner of eight lots abutting on the street, one being on the south and seven on the north side of it. In front of these lots, the street was raised by the grading from four to seven feet, and Jones, complaining that his property was injured by it, brought this action.
In 1874, John Lobb owned a tract of land, containing eighteen acres, which now includes the…
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