Klenke v. West Homestead Borough
Supreme Court of Pennsylvania
Appeal, No. 104, Oct. T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 523, on verdict for plaintiff in case of Rosa Klenke v. West Homestead Borough. Appeal from jury of view. Before Macearlane, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 104, Oct. T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1903, No. 523, on verdict for plaintiff in case of Rosa Klenke v. West Homestead Borough. Appeal from jury of view. Before Macearlane, J. The facts are stated in the opinion of the Supreme Court. The defendant presented the following points: 1. If the jury believe that the grade of the old township road has not been lowered in front of plaintiffs property, plaintiff is not entitled to recover. Answer : Refused. [1] 2. Under the pleadings in this case, the plaintiff is not entitled to recover.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
When appellee purchased her property it was situated in Mifflin township, Allegheny county. It was on a plan of lots, according to which there was a street in front of it eighty feet wide, known as Eighth avenue. Over a portion of this street, on the north side, there was an old township road thirty-three - feet wide. Appellee’s property fronted on the south side of the- street. The south line of the township road was about forty-one feet from the north line- of the property. The borough of West Homestead was incorporated in 19-00, about three years after-the…
2Cases cited5 opinions
- Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
- Borough of New Brighton v. United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
- Borough of New Brighton v. PeirsolSupreme Court of Pennsylvania · 1884
- Harp v. Glenolden BoroughSuperior Court of Pennsylvania · 1905
- Philadelphia, Germantown & Norristown Rail-road v. SmickSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Henry v. Allegheny CountySupreme Court of Pennsylvania · 1961
- Anspach v. the City of AltoonaSuperior Court of Pennsylvania · 1931
- Correll v. BoroughSuperior Court of Pennsylvania · 1912
- Maxler v. Freeport BoroughSuperior Court of Pennsylvania · 1911
- Schlott v. BoroughSuperior Court of Pennsylvania · 1912