Legal Opinion

Maxler v. Freeport Borough

Superior Court of Pennsylvania

Decided October 9, 1911No. Appeal, No. 87PublishedCited by 1 opinion

Appeal, No. 87, April T., 1911, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1908, No. 89, refusing to take off nonsuit in suit of Frank Maxler and E. H. Wallace v. Freeport Borough. Issued on appeal from award of a jury of view. Before Patton, P. J. The opinion of the Superior Court states the case. Error assigned was order refusing to take off nonsuit.

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Appeal, No. 87, April T., 1911, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1908, No. 89, refusing to take off nonsuit in suit of Frank Maxler and E. H. Wallace v. Freeport Borough. Issued on appeal from award of a jury of view. Before Patton, P. J. The opinion of the Superior Court states the case. Error assigned was order refusing to take off nonsuit. Hand v. Fellows, 148 Pa. 456; Hanover Borough’s Appeal, 150 Pa. 202; Verona Borough v. R. R. Co., 187 Pa. 358; Seams v. Washington Borough, 172 Pa. 467; Beltzhoover Borough v. Gollings, 101 Pa. 293. Suter v. Wilmerding Borough,…

1Opinion of the Court

Opinion by

Rice, P. J.,

In order to give a correct understanding of this case, it seems necessary to recite, at considerable length, the proceedings which culminated in the plaintiffs being dismissed without being permitted to be heard before the jury upon the question as to the amount of damages, if any, they had sustained by reason of the change of grade of Second' street, in the issue that had been framed at the instance of the borough for the determination of that very question.

Upon petition of more than two-thirds in number and interest of the abutting property owners, the borough ordained…

2Cases cited3 opinions

  1. Commonwealth v. BarnettSupreme Court of Pennsylvania · 1901
  2. Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
  3. Klenke v. West Homestead BoroughSupreme Court of Pennsylvania · 1907

3Cited by1 opinion

  1. Correll v. BoroughSuperior Court of Pennsylvania · 1912

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