Legal Opinion

In re Change of Grade Borough of Dorranceton

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 20Published

Appeal, No. 20, March T., 1918, by plaintiff, from judgment of C. P. Luzerne County, Oct. T., 1912, No. 1373, for defendant non obstante veredicto, in issue framed- with George W. Sands, as plaintiff, and Borough of Dorranceton, defendant. Appeal from award of jury of view. . Before O’Boyle, J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for the plaintiff.

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Appeal, No. 20, March T., 1918, by plaintiff, from judgment of C. P. Luzerne County, Oct. T., 1912, No. 1373, for defendant non obstante veredicto, in issue framed- with George W. Sands, as plaintiff, and Borough of Dorranceton, defendant. Appeal from award of jury of view. . Before O’Boyle, J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for the plaintiff. Subsequently the court entered judgment for defendant n. o. v. Error assigned was the entering of judgment n. o. v.

1Opinion of the Court

Opinion by

Porter, J.,

The appellant presented his petition to the court below, under the provisions of the Act of May 24, 1878, P. L. 129, as amended by the Act of April 27, 1911, P. L. 89, alleging that the authorities of the Borough of Dorranceton had changed the grade of West Park Place in front of his property, and praying for the appointment of viewers in accordance with the provisions of the statute. The viewers reported that the property of the petitioner had been damaged, from which report the borough appealed. Upon the trial a verdict was rendered in favor of the plaintiff, but the…

2Cases cited3 opinions

  1. Hicks v. WilliamsportSupreme Court of Pennsylvania · 1912
  2. Kittanning Borough v. ThompsonSupreme Court of Pennsylvania · 1905
  3. Jenkins v. Minersville BoroughSuperior Court of Pennsylvania · 1910

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