Grier v. Borough of Homestead
Superior Court of Pennsylvania
Appeal, No. 32, April T., 1897, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1895, No. Í29, on verdict for plaintiff. Appeal from report of road viewers. On January 19, 1891, tbe borough of Homestead by ordinance established the grade of Dickson street. Shortly after that time Levi Myers then the owner of the lots in question, erected thereon six tenement houses forming one building.
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Appeal, No. 32, April T., 1897, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1895, No. Í29, on verdict for plaintiff. Appeal from report of road viewers. On January 19, 1891, tbe borough of Homestead by ordinance established the grade of Dickson street. Shortly after that time Levi Myers then the owner of the lots in question, erected thereon six tenement houses forming one building. December 31, 1891, the property was conveyed to Samuel C. Grier, plaintiff in this case. In pursuance of a subsequent ordinance Dickson street in front of the property in question, was…
1Opinion of the Court
Opinion by
Orlady, J.,
Under proceedings instituted by the borough, the plaintiff recovered a verdict of $1,000, as damages sustained in changing the grade of Dickson street. On the trial below it was urged in defense to the claim for damages, that the grade had been established by an ordinance at a time prior to the erection of the buildings on the lots of the plaintiff, and in support of this contention, the borough clerk was called by the defendant and produced the ordinance book of the borough. The ordinance of January 19, 1891, on which the defendant relied was offered in evidence, and to…
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