Shoe v. Nether Providence Township
Superior Court of Pennsylvania
Appeal, No. 64, Nov. T., 1895, by plaintiff, from judgment of C. P. Delaware County, Dec. T., 1894, No. 146, directing a nonsuit. Trespass for change of grade of road in township of Nether Providence, Delaware county. Before Clayton, P. J. The plaintiff made the following offer of evidence.
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Appeal, No. 64, Nov. T., 1895, by plaintiff, from judgment of C. P. Delaware County, Dec. T., 1894, No. 146, directing a nonsuit. Trespass for change of grade of road in township of Nether Providence, Delaware county. Before Clayton, P. J. The plaintiff made the following offer of evidence. That the public road front of plaintiff’s lands was laid out in 1855. That in June, 1893, the township of Nether Providence changed the grade opposite plaintiff’s lands by cutting down the public road, greatest depth about four feet, running down to nothing in a distance of two hundred and fifty feet. That…
1Opinion of the Court
Opinion by
Wickham, J.,
The only question presenting itself for decision in this case is whether a township is liable to adjoining property owners, under section 8 of article 16 of the constitution of 1874, for *141injuries resulting from a change made by the supervisors in the grade of a county road.
The matter has been so fully and ably discussed in the opinion of the learned judge of the court below, that little remains to be said.
The constitutional provision, relied on by the plaintiff, reads as follows : “ Municipal and other corporations and individuals invested with the privilege of taking…
2Cases cited1 opinion
- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
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