Legal Opinion

Howley v. Pittsburg

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 72PublishedCited by 13 opinions

Appeal, No. 72, Oct. T., 1902, by defendant, from judgment of O. P. No. 3, Allegheny Co., May T., 1900, No. 55, on verdict for plaintiff in case of Nellie G. Howley v. Pittsburg. Appeal from award of viewers.

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Appeal, No. 72, Oct. T., 1902, by defendant, from judgment of O. P. No. 3, Allegheny Co., May T., 1900, No. 55, on verdict for plaintiff in case of Nellie G. Howley v. Pittsburg. Appeal from award of viewers. From the record it appeared that the grade of Beacon street was established on January 6,1896, and an ordinance authorizing and directing the actual work of grading was approved on July 13, 1896; and a contract in accordance with said ordinance was awarded for the work of grading on June 34, 1897, and approved by councils on July 21, 1897. The work was begun on August 10, 1898, and…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

The assignments' raise the single question whether an owner of land who acquired title after the passage of an ordinance authorizing the grading of a street can recover for the injury to his property caused'by the grading. The rule established by our decisions is that it is the physical change and not the mere establishment of a grade on the official plans that gives a right of action, and that no damages are recoverable for a change of grade until the actual work on the ground is begun : In re Plan 166, 143 Pa. 414; Ogden v. Philadelphia, 143 Pa. 430; *431Clark v.…

2Cases cited4 opinions

  1. Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
  2. Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
  3. Ogden v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
  4. Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895

3Cited by13 opinions

  1. Jamison v. Cumberland CountySupreme Court of Pennsylvania · 1912
  2. Butler County Commissioners' PetitionSuperior Court of Pennsylvania · 1940
  3. Yesler Logging Co. v. Seattle Electric Co.Washington Supreme Court · 1913
  4. Devlin v. PhiladelphiaSupreme Court of Pennsylvania · 1903
  5. Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914

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