Legal Opinion

Harp v. Glenolden Borough

Superior Court of Pennsylvania

Decided January 17, 1905No. Appeal, No. 203PublishedCited by 1 opinion

Appeal, No. 203, Oct. T., 1904, by defendant, from judgment of C. P. Delaware Co., March T., 1908, No. 214, on verdict for plaintiffs in case of Lewis L. Harp and Jennie, his wife, v. Glenolden Borough. Appeal from report of jury of view. Before Johnson, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 203, Oct. T., 1904, by defendant, from judgment of C. P. Delaware Co., March T., 1908, No. 214, on verdict for plaintiffs in case of Lewis L. Harp and Jennie, his wife, v. Glenolden Borough. Appeal from report of jury of view. Before Johnson, P. J. The facts appear by the opinion of the Superior Court. At the trial the defendant made the following offer: Mr. Fronefield: I desire now to offer in evidence the plan produced and identified both by Samuel J. Cochran, who was on the stand yesterday, and by Mr. Harris, entitled “ Plan and Profile of Darby and Chester Plank Road. J.…

1Opinion of the Court

Opinion by

Porter, J.,

This case was tried in the court below on an appeal by the borough from the report of a board of viewers, appointed upon the petition of the plaintiffs under the provisions of the Act of May 24, 1878, P. L. 129, to assess the damages caused by a change of the grade of a part of the highway upon which plaintiffs’ land directly abutted. There was no dispute as to the conditions which had existed upon the ground for many years prior to the improvement of the highway undertaken by the borough, nor as to what the borough actually did, nor as to its authority in the premises.…

2Cases cited6 opinions

  1. Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
  2. Borough of New Brighton v. United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
  3. O'Brien v. Phila.Supreme Court of Pennsylvania · 1892
  4. Borough of New Brighton v. PeirsolSupreme Court of Pennsylvania · 1884
  5. Rodgers v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897

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3Cited by1 opinion

  1. Klenke v. West Homestead BoroughSupreme Court of Pennsylvania · 1907

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