Pittsburgh's Petition
Supreme Court of Pennsylvania
Appeal, No. 140, Oct. T., 1914, by Wilson-Snyder Manufacturing Co., from decree of C. P. Allegheny Co., April T., 1913, No. 202, dismissing exceptions to report of viewers, in the Matter of the Petition of the City of Pittsburgh for the Appointment of Viewers to assess the damages occasioned to properties by the change of grade of and regrading, repaving and recurbing and otherwise improving of Second avenue, from Ross street to a point 1,600 feet eastwardly therefrom; Try…
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Appeal, No. 140, Oct. T., 1914, by Wilson-Snyder Manufacturing Co., from decree of C. P. Allegheny Co., April T., 1913, No. 202, dismissing exceptions to report of viewers, in the Matter of the Petition of the City of Pittsburgh for the Appointment of Viewers to assess the damages occasioned to properties by the change of grade of and regrading, repaving and recurbing and otherwise improving of Second avenue, from Ross street to a point 1,600 feet eastwardly therefrom; Try Way from Second avenue to Greenough street; Gasoline street from Second avenue to Greenough street; Iron alley from…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It is impossible to distinguish in any material respect this case from the case of Tucker & Frankford Street, Plumb’s App., 166 Pa. 336. Here, as there, the immediate, proximate cause of the injury complained of was not the change of grade in the city street, but the elevation of the railroad company’s tracks, made necessary by such change. In itself the change of grade in the street could not have affected the appellant’s property in the remotest degree. It did, however, make necessary the elevation of the railroad tracks to a height sufficient to give adequate…
2Cases cited1 opinion
- Tucker & Frankford StreetsSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Philadelphia Hardware v. PhiladelphiaSupreme Court of Pennsylvania · 1916