McMarlin v. Butler Borough
Superior Court of Pennsylvania
Appeal, No. 46, April T., 1909, by defendant, from judgment of C. P. Butler Co., March T., 1908, No. 24, on verdict for plaintiff in case of James A. McMarlin v. Butler Borough. Trespass to recover damages for land taken in widening a street, and for change of grade of a sidewalk.
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Appeal, No. 46, April T., 1909, by defendant, from judgment of C. P. Butler Co., March T., 1908, No. 24, on verdict for plaintiff in case of James A. McMarlin v. Butler Borough. Trespass to recover damages for land taken in widening a street, and for change of grade of a sidewalk. Before Gal-breath, P. J. From the record it appeared that in July, 1906, the plaintiff and other property.owners filed the following petition: “The petition of the undersigned, being two-thirds of the owners of property representing two-thirds in number of feet of the properties fronting or abutting on Center…
1Opinion of the Court
Opinion by
Rice, P. J.,
One of the questions of fact which arose in the trial of the case was, whether in making the improvement, to which we shall hereafter refer more in detail, the borough actually widened the street and took part of the plaintiff’s property in doing so. It arose in this way. While the action was trespass, it was agreed by counsel that the question whether any of the plaintiff’s land had been taken should be determined in this action, and if it was determined in the affirmative, then the question whether the plaintiff’s property was injured or benefited should also be…
2Cases cited3 opinions
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- Shady AvenueSupreme Court of Pennsylvania · 1907
- Dunn v. Tarentum BoroughSuperior Court of Pennsylvania · 1903
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- Wick v. Butler BoroughSuperior Court of Pennsylvania · 1911
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- Kline and Herzog v. Boro. of BrookvilleSuperior Court of Pennsylvania · 1929