Deer v. Sheraden Borough
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1907, by-defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. Term, 1903, No. 577, on verdict for plaintiff in case of Essie Y. Deer et al., by their mother and next friend, Bertha A. Deer, and Bertha A. Deer in her own right, heirs at law of Daniel A. Deer, deceased, v. Sheraden Borough. Trespass to recover damages for injuries to real estate caused by the change of grade in a public street.
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Appeal, No. 131, Oct. T., 1907, by-defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. Term, 1903, No. 577, on verdict for plaintiff in case of Essie Y. Deer et al., by their mother and next friend, Bertha A. Deer, and Bertha A. Deer in her own right, heirs at law of Daniel A. Deer, deceased, v. Sheraden Borough. Trespass to recover damages for injuries to real estate caused by the change of grade in a public street. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $1,600. Defendant appealed. Error assigned amongst others was in…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question in this case is whether an action of trespass will lie to recover damages for injuries to an abutting property owner caused by changing the grade of a public street. There was no actual taking of property and the only complaint is that the cutting down of the street in front of the properties abutting thereon caused a depreciation in the value thereof, and the contention is made that an action of trespass will lie to recover damages for such an injury. On the other hand, it is contended for appellant that the sole remedy in this and other like cases is…
2Cases cited11 opinions
- Silsby Mfg. Co. v. AllentownSupreme Court of Pennsylvania · 1893
- O'Connor v. PittsburghSupreme Court of Pennsylvania · 1851
- Schenley v. Commonwealth ex rel. City of AlleghenySupreme Court of Pennsylvania · 1859
- White v. Borough of McKeesportSupreme Court of Pennsylvania · 1882
- Bowers v. Braddock BoroughSupreme Court of Pennsylvania · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
- Hughes v. Elizabeth BoroughSupreme Court of Pennsylvania · 1941
- Ashcom v. Westmont BoroughSupreme Court of Pennsylvania · 1929
- Dettra v. City of PhiladelphiaSupreme Court of Pennsylvania · 1914
- Frick v. PhiladelphiaSuperior Court of Pennsylvania · 1915
6 more not listed; retrieve them via the Exa API.