Higgins v. Borough of Sharon
Superior Court of Pennsylvania
Appeal, No. 52, April T., 1897, by defendant, from judgment of C. P. Mercer Co., Jan. T., 1895, No. 20, on verdict for plaintiff. Petition for tbe appointment of viewers to assess damages for the change of grade in the taking of land. Before Miller, P. J. •It appeared from the evidence that Amelia Munn died testate, leaving inter alia some real estate in Sharon, Pa., situate on the west side of Sharpsville street.
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Appeal, No. 52, April T., 1897, by defendant, from judgment of C. P. Mercer Co., Jan. T., 1895, No. 20, on verdict for plaintiff. Petition for tbe appointment of viewers to assess damages for the change of grade in the taking of land. Before Miller, P. J. •It appeared from the evidence that Amelia Munn died testate, leaving inter alia some real estate in Sharon, Pa., situate on the west side of Sharpsville street. William Cover was appointed the executor of her will, and by the terms thereof directed to make sale of said real estate “ upon such terms and conditions ” as he should deem best,…
1Opinion of the Court
Opinion by
Rice, P. J.,
This proceeding was commenced by a petition to the court of common pleas for the appointment of viewers to assess the plaintiff’s damages caused by the widening and grading of Sharpsville street. The defendant’s motion to quash the proceedings was properly overruled for the reasons given by the learned trial judge. And as the grading and widening of the street were done at the same time, we see no reason to doubt that the damages for both could be assessed in one proceeding.and by the same viewers, or by the same jury on appeal. See Change of Grade in Plan 166, 143 Pa.…
2Cases cited20 opinions
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Paul v. CarverSupreme Court of Pennsylvania · 1856
- Cox v. FreedleySupreme Court of Pennsylvania · 1859
- Paul v. CarverSupreme Court of Pennsylvania · 1855
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Carroll v. AsburySuperior Court of Pennsylvania · 1905
- Mitchell v. BovardSupreme Court of Pennsylvania · 1924
- Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- State RoadSupreme Court of Pennsylvania · 1912
- McGuire v. Wilkes-BarreSuperior Court of Pennsylvania · 1908
18 more not listed; retrieve them via the Exa API.