Rothwell v. California Borough
Superior Court of Pennsylvania
Appeal, No. 1, April T., 1902, by defendant, from judgment of C. P. Washington Co., Aug. T., 1900, No. 124, on verdict for plaintiff in ease of Sidney J. Rothwell et al. v. California Borough. Trespass to recover damages for injuries to property caused by change of grade of a road. From the record it appeared that the road in question was the boundary line between the borough of California and the tOAvnship of East Pike Run.
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Appeal, No. 1, April T., 1902, by defendant, from judgment of C. P. Washington Co., Aug. T., 1900, No. 124, on verdict for plaintiff in ease of Sidney J. Rothwell et al. v. California Borough. Trespass to recover damages for injuries to property caused by change of grade of a road. From the record it appeared that the road in question was the boundary line between the borough of California and the tOAvnship of East Pike Run. The evidence tended to show that the borough had changed the grade of the road to its entire width. The court charged in part as follows: [It could not be contended that…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The property of the plaintiffs was situated in the township of East Pike Run and abutted upon a public road, which led through the borough of California and continued out through the township. In front of the property of the plaintiffs half of the highway, longitudinally, was within the borough and the other half in the township, the boundary being the center line of the road. This proceeding was instituted to recover for injuries resulting to the property of the plaintiffs from a change in the grade of the road by the officers of the borough. No objection to the…
2Cases cited8 opinions
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
- Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
- Somerset & Stoystown RoadSupreme Court of Pennsylvania · 1873
- Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
- White v. Borough of McKeesportSupreme Court of Pennsylvania · 1882
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3Cited by10 opinions
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- McCall v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
- Cooper v. Plymouth Township School DistrictSuperior Court of Pennsylvania · 1909
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