Winner v. Graner
Supreme Court of Pennsylvania
Appeal, No.. 162, Oct. T., 1895, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 780, on verdict for plaintiff. Trespass for injuries caused by the widening and grading of a road. Before Collier, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No.. 162, Oct. T., 1895, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 780, on verdict for plaintiff. Trespass for injuries caused by the widening and grading of a road. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: [This case, as far as you are concerned, is brought down to a very narrow compass, and that is this: What damages, if any, has the plaintiff sustained by reason of this grading, which consisted mostly of filling, and which, it is alleged, put a piece of his property below…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Main street is a public road in Reserve township, Allegheny county, and a part of the ground on which it is located was opened to the public by A. J. Pentecost in accordance with his plan of lots made and recorded in 1886. He did a little plowing upon it in order to make it passable and to enable purchasers of the lots abutting on it to get from them to the intersecting roads. There was some public travel upon it but there is no evidence that the township formally accepted it or did any work upon it as a public road, or that any one was legally bound to maintain…
2Cases cited2 opinions
- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
- In re MilfordSupreme Court of Pennsylvania · 1846
3Cited by3 opinions
- Herrington's PetitionSupreme Court of Pennsylvania · 1920
- Jamison v. Cumberland CountySuperior Court of Pennsylvania · 1911
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1896