Borough of New Brighton v. Peirsol
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Beaver county: Of October Term, 1884, No. 28. This was an action of assumpsit by James K. Peirsol against the Borough of New Brighton, to recover damages for the injury caused to plaintiff’s property abutting on Lock street, by reason of a change of grade of said street by the authorities of the said borough, alleged to have been made after the plaintiff purchased his lot.
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Error to tbe Court of Common Pleas of Beaver county: Of October Term, 1884, No. 28. This was an action of assumpsit by James K. Peirsol against the Borough of New Brighton, to recover damages for the injury caused to plaintiff’s property abutting on Lock street, by reason of a change of grade of said street by the authorities of the said borough, alleged to have been made after the plaintiff purchased his lot. At the trial, the plaintiff claimed that in 1867-68, while the lot referred to belonged to one Miller McCullough, the street on which it abutted was slightly improved and raised, mainly…
1Opinion of the Court
The opinion of the court was filed October 20th, 1884.
Per, Curiam.
If a grade of the street had been legally established and the work actually commenced on the ground, before the purchase by the defendant in error, the damages should not be so split and divided as to give him a portion thereof. lie would take the property cum onere. In this case some work had been done towards changing the natural grade of the ground, but it does not appear that any specific grade had been fixed by any ordinance or resolution of the municipality. What had thus been done, created no legal presumption that any…
2Cited by8 opinions
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