McKee v. City of Pittsburgh
Superior Court of Pennsylvania
Appeal, No. 14, April T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1896, No. 228, on verdict for plaintiff. Trespass to recover damages which plaintiff claimed were done to his property on an alleged change of grade of Main street in the city of Pittsburg.
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Appeal, No. 14, April T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1896, No. 228, on verdict for plaintiff. Trespass to recover damages which plaintiff claimed were done to his property on an alleged change of grade of Main street in the city of Pittsburg. Before Stowe, P. J. The defendant presented, among others, the following point: “ That under the pleading and evidence in this case, the verdict should be for the defendant. - Answer: Refused.” [1] Verdict and judgment for plaintiff for $300. Defendant appealed. Error assigned among others was refusal of…
1Opinion of the Court
Opinion by
Beaver, J.,
On the 80th of December, 1872, the city of Pittsburg established a grade upon Main betAveen Liberty and Penn streets, of which a record and plan were made and kept in the office of its engineering and surveying department, since which time no change has been made in the official grade. Whether the actual grade upon the ground at the point involved in the present action was made to conform to the official grade is not clearly apparent. There Avas some evidence that Main street at some points had been originally constructed to conform to the established grade of 1872, but…
2Cases cited4 opinions
- White v. Borough of McKeesportSupreme Court of Pennsylvania · 1882
- O'Brien v. Phila.Supreme Court of Pennsylvania · 1892
- Power v. Borough of RidgwaySupreme Court of Pennsylvania · 1892
- In re FisherSupreme Court of Pennsylvania · 1896
3Cited by9 opinions
- Gardner v. Allegheny CountySupreme Court of Pennsylvania · 1955
- Hastings AppealSupreme Court of Pennsylvania · 1953
- Deer v. Sheraden BoroughSupreme Court of Pennsylvania · 1908
- Gardner v. Allegheny CountySupreme Court of Pennsylvania · 1958
- Curran v. East Pittsburg BoroughSuperior Court of Pennsylvania · 1902
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