Correll v. Borough
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1911, by defendant, from order of C. P. McKean Co., striking off appeal from report of viewers in case of H. J. Correll v. Mount Jewett Borough. Appeal from report of viewers. Before Bouton, P. J. From the record it appeared that the proceeding was under the Act of May 24,1878, P. L. 129, for the appoint-. ment of viewers to assess damages for the change of grade of a sidewalk.
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Appeal, No. 94, Oct. T., 1911, by defendant, from order of C. P. McKean Co., striking off appeal from report of viewers in case of H. J. Correll v. Mount Jewett Borough. Appeal from report of viewers. Before Bouton, P. J. From the record it appeared that the proceeding was under the Act of May 24,1878, P. L. 129, for the appoint-. ment of viewers to assess damages for the change of grade of a sidewalk. The court struck off the appeal because it was not taken within thirty days from the filing of the report. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
In Steelton Boro. v. Booser, 162 Pa. 630, it was held that the “grading” referred to in clause 5, sec. 2, of the *120Act of April 3, 1851, P. L. 320, was intended to cover the “ ordinary leveling” which is almost always necessary when a lot owner is required by a borough to grade and pavé the sidewalk in front of his premises. Judge McPherson, whose opinion was adopted by the Supreme Court, said that the phrase was chosen because its meaning is .elastic and seems to be sufficiently extensive; further, that the subject does not admit of precision and, as often happens, each…
2Cases cited7 opinions
- Bowers v. Braddock BoroughSupreme Court of Pennsylvania · 1896
- Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
- Steelton Borough v. BooserSupreme Court of Pennsylvania · 1894
- Klenke v. West Homestead BoroughSupreme Court of Pennsylvania · 1907
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3Cited by1 opinion
- Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914