Spencer v. Carlisle Borough
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1916, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1914, No. 248, on verdict for plaintiff in case of Margaret Spencer v. Carlisle Borough. Trespass to recover damages for injuries to an alley. Before Sadler, P. J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $200. Defendant appealed. Error assigned, amongst others, was in submitting the case to the jury.
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Appeal, No. 16, March T., 1916, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1914, No. 248, on verdict for plaintiff in case of Margaret Spencer v. Carlisle Borough. Trespass to recover damages for injuries to an alley. Before Sadler, P. J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $200. Defendant appealed. Error assigned, amongst others, was in submitting the case to the jury. Plaintiff showed only nominal damages: Hankey v. Philadelphia Co., 5 Pa. Superior Ct. 148; Hare v. Ry. Co., 10 Pa. Superior Ct. 647; Thompson v.…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff claimed the fee in the land to the centre line of a private alley through which the Borough of Car-lisle, without filing a bond, laid a sewer, the sewer being *515on her portion of the alley. She brought this action of trespass to recover damages. The damages, if any, are permanent. The test of the amount of her injury is the difference between the value of her property before and after the injury. The depreciation of the value of the land is the proper measure of damages: Wagner v. Purity Water Co., 241 Pa. 328 (334) ; Rider v. York Haven W. & P. Co., 251 Pa.…
2Cases cited6 opinions
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
- Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
- Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Wagner v. Purity Water Co.Supreme Court of Pennsylvania · 1913
- Rhoads v. WalterSuperior Court of Pennsylvania · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hennigan v. Atlantic Refining CompanyDistrict Court, E.D. Pennsylvania · 1967
- Ewin J. Schoettle Co. v. Oliver Bros., Pennsylvania Court of Common Pleas, Philadelphia County1930