Hobson v. Phila.
Supreme Court of Pennsylvania
Appeal, No. 449, Jan. T., 1892, by-defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1891, No. 154, on verdict for plaintiff, Jos. Hobson. Trespass for change of grade of street. The facts as they appeared on the trial before Arnold, J., are stated in the opinion of the Supreme Court. Defendant’s points were as follows : “ 1. The jury must find for the defendant.”
Read the full summary
Appeal, No. 449, Jan. T., 1892, by-defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1891, No. 154, on verdict for plaintiff, Jos. Hobson. Trespass for change of grade of street. The facts as they appeared on the trial before Arnold, J., are stated in the opinion of the Supreme Court. Defendant’s points were as follows : “ 1. The jury must find for the defendant.” Refused. [1] “ 2. In no view of plaintiff’s case, as presented by his statement, can he recover more than the injury which he may have suffered in his property during the period which intervened between the doing of the…
1Opinion of the Court
Opinion by
Mb. Justice Stebbett,
In his statement of claim, plaintiff alleges that in grading a portion of Wood street in 1891, pursuant to an ordinance of councils, the city defendant excavated the bed of said street in front of his property to a depth varying from four to eleven feet, thereby leaving said property so far above the level of the street as to render it inaccessible for ordinary use, and thus injuring it to the extent of §1,600, which he claimed as damages. His evidence was directed to the difference in market value of his property before said grading was done and its value when…
2Cases cited2 opinions
- Paul v. CarverSupreme Court of Pennsylvania · 1856
- Cox v. FreedleySupreme Court of Pennsylvania · 1859
3Cited by4 opinions
- Vanderbilt University v. WilliamsTennessee Supreme Court · 1925
- Bokoch v. NoonSupreme Court of Pennsylvania · 1966
- Torrey v. PearceArizona Supreme Court · 1962
- Torrey v. PearceArizona Supreme Court · 1962