Herrington's Petition
Supreme Court of Pennsylvania
Appeal, No. 182, Oct. T., 1918, by L. M. Herrington, J. A. Williams and James W. Kelly, from order of Q. S. Allegheny Co., Nov. T., 1917, No. 1, dismissing exceptions to report of viewers In re petition of L. M. Herrington et al. Exceptions to report of road viewers. Before MacFARLANE, J. The viewers disallowed the claim for damages for change of grade. L. M. Herrington and others filed exceptions to the report of the viewers. The court dismissed the exceptions.
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Appeal, No. 182, Oct. T., 1918, by L. M. Herrington, J. A. Williams and James W. Kelly, from order of Q. S. Allegheny Co., Nov. T., 1917, No. 1, dismissing exceptions to report of viewers In re petition of L. M. Herrington et al. Exceptions to report of road viewers. Before MacFARLANE, J. The viewers disallowed the claim for damages for change of grade. L. M. Herrington and others filed exceptions to the report of the viewers. The court dismissed the exceptions. The exceptants appealed. Errors assigned were in dismissing the exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Stowe Township is a township of the first-class and the bed of the roadway under consideration ivas dedicated to the township by the West End Land Company. Appellants, who owned property abutting on the high*90way, petitioned for the appointment of viewers and stated that, pursuant to ordinances, the township entered upon the land therein described and graded the highway, abutting petitioners’ land, to the depth of from one to sixteen feet for a distance of 535 feet; that the excavations caused the ground to slip from its natural place on the lots, thereby carrying…
2Cases cited13 opinions
- Snively v. Washington TownshipSupreme Court of Pennsylvania · 1907
- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
- Pennsylvania Railroad Co.'s CaseSupreme Court of Pennsylvania · 1906
- South Twelfth StreetSupreme Court of Pennsylvania · 1907
- Dempster v. United Traction Co.Supreme Court of Pennsylvania · 1903
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3Cited by18 opinions
- Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
- Puloka v. CommonwealthSupreme Court of Pennsylvania · 1936
- Creasy v. StevensDistrict Court, W.D. Pennsylvania · 1958
- St. Joseph Lead Co. v. Potter TownshipSupreme Court of Pennsylvania · 1959
- Hoffer v. Reading Co.Supreme Court of Pennsylvania · 1926
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