Green v. Borough of Reading
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. John Green against the chief burgess, assistant burgess, and town council of the borough of Reading. This was an action on the case to recover damages which the plaintiff sustained by the filling tip the street in front of his houses, whereby he lost the use of an alley, as well as the use and occupation of his houses and lot.
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ERROR to the common pleas of Berks county. John Green against the chief burgess, assistant burgess, and town council of the borough of Reading. This was an action on the case to recover damages which the plaintiff sustained by the filling tip the street in front of his houses, whereby he lost the use of an alley, as well as the use and occupation of his houses and lot. The court below was of opinion that the plaintiff was not entitled to recover, and thus delivered that opinion to the jury, and directed a verdict for the defendants: Banks, president. “ The defendants, by virtue of their…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
The plaintiff in error was plaintiff below, and brought this suit to recover damages from the borough of Reading, for filling clay and gravel in one of the streets of that borough, opposite the dwelling house of the plaintiff. None of the facts or of the testimony was brought up; and we have the naked question, whether in one of our boroughs, where by the act of incorporation the power of improving and repairing the streets is given to the corporate officers, they can fill up a hollow place or dig down a hill which is too steep for convenient…
2Cases cited1 opinion
- Price v. Methodist Episcopal ChurchOhio Supreme Court · 1831
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