Wick v. Butler Borough
Superior Court of Pennsylvania
Appeal, No. 157, April T., 1911, by plaintiff, from judgment of C. P. Butler Co., Dec. T., 1908, No. 61, on verdict for defendant in case of Richard H. Wick v. Butler Borough. Appeals from award of viewers. Before Galbreath, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 157, April T., 1911, by plaintiff, from judgment of C. P. Butler Co., Dec. T., 1908, No. 61, on verdict for defendant in case of Richard H. Wick v. Butler Borough. Appeals from award of viewers. Before Galbreath, J. The facts are stated in the opinion of the Superior Court. At the trial plaintiff presented these points: 1. If the jury find from the evidence that by reason of the grading, curbing and paving of Walker avenue, along the line of plaintiff’s property, the grade of the sidewalk was changed; that by reason of the change in the grade of the sidewalk the property of the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The instructions to the jury assigned for error were given on the trial of an issue framed on the plaintiff’s appeal from the report of viewers appointed to assess damages he claimed he had sustained by the grading of Walker avenue. The proceedings originated in an ordinance adopted pursuant to a petition of two-thirds of the property owners, praying the borough “to grade, pave with vitrified brick or other suitable material and curb with stone curbing the said street, under the provisions of the act of assembly approved April 23, 1889, P. L. 44, and assess.the cost and…
2Cases cited1 opinion
- McMarlin v. Butler BoroughSuperior Court of Pennsylvania · 1909
3Cited by1 opinion
- Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914