Chambers v. South Chester Bor.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF EBOM THE COURT OE COMMON PLEAS OE DELAWARE COUNTY. No. 279 January Term 1891, Sup. Ct.; court below, No. 33 September Term 1889, C. P. On May 7,1889, upon the petition of James Chambers, filed under the act of May 24, 1878, P. L. 129, viewers were appointed to assess damages occasioned by a change of the grade of Edwards street, in the borough of South Chester, in front of a lot of ground owned by the plaintiff.
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APPEAL BY PLAINTIFF EBOM THE COURT OE COMMON PLEAS OE DELAWARE COUNTY. No. 279 January Term 1891, Sup. Ct.; court below, No. 33 September Term 1889, C. P. On May 7,1889, upon the petition of James Chambers, filed under the act of May 24, 1878, P. L. 129, viewers were appointed to assess damages occasioned by a change of the grade of Edwards street, in the borough of South Chester, in front of a lot of ground owned by the plaintiff. The viewers having made an award, and the plaintiff having entered an appeal therefrom, an issue was framed to try the amount of damages which the plaintiff was…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The learned judge of the court below so carefully, and with so much correctness and emphasis, laid down the rule by which the damages were to be assessed, that the jury could not possibly be mistaken as to their duty in disposing of the subject. Experience has constantly demonstrated the correctness of the old rule established in the ease of Schuylkill Nav. Co. v. Thoburn, 7 S. & R. 411, to wit: “The jury are to consider the matter just as if they were called on to value the injury at the moment when compensation could first be demanded: they are to value the injury…
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