Pfeffer v. Johnstown

Opinion by

Mr. Justice Simpson,

Plaintiff recovered against the city a verdict and judgment for a change of grade of the street in front of his property, and defendant appeals.

Three points are covered by the assignments of error: (1) that defendant was entitled to binding instructions in his favor; (2) that a new trial should have been granted; and (3) that the court below erred in not charging the jury, as requested by defendant, that, if the grade was established at a given time, the statute of limitations barred the claim. As to (3), it may be said that the statute does not begin to run when…