Sechrist v. Dallastown Borough
Superior Court of Pennsylvania
Appeal, No. 8, March T., 1910, by plaintiff, from judgment of C. P. York Co., Oct. T., 1908, No. 28, on verdict for defendant in case of Jacob H. Sechrist v. Dallastown Borough. Appeal from an award of a jury of view. Refore Bittinger, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendants Plaintiff appealed.
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Appeal, No. 8, March T., 1910, by plaintiff, from judgment of C. P. York Co., Oct. T., 1908, No. 28, on verdict for defendant in case of Jacob H. Sechrist v. Dallastown Borough. Appeal from an award of a jury of view. Refore Bittinger, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendants Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff having appealed from the report of viewers, appointed to assess damages for the opening of an alley by the defendant borough, the court, at the trial, peremptorily instructed the jury to find a verdict in favor of the defendant. The point submitted by counsel for the borough does not specifically disclose the grounds upon which this instruction was based, but the reason is thus broadly stated, “the plaintiff has not shown any facts legally entitling him to recover damages from the Borough of Dallastown.” We gather from the remarks of the court, as printed in…
2Cases cited6 opinions
- Cox v. FreedleySupreme Court of Pennsylvania · 1859
- Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Gamble v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Francies's AppealSupreme Court of Pennsylvania · 1880
- Cole v. PhiladelphiaSupreme Court of Pennsylvania · 1901
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