Beach v. Scranton
Superior Court of Pennsylvania
Appeal, No. 21, Jan. T., 1904, by plaintiff, from order of C. P. Lackawanna Co., Sept. T.; 1896, No. 467, sustaining exceptions to referee’s report in case of Elizabeth Beach v. City of Scranton. Trespass to recover damages for injuries to land. Exceptions to report of L. P. Wedeman, Esq., referee. The opinion of the Superior Court states the case. Error assigned was in sustaining exceptions to report of referee, and in entering judgment for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The city of Scranton, in the year 1891, in the lawful exercise of authority conferred upon it by statute caused the actual work of grading Garfield avenue to be done upon the ground ■ in front of plaintiff’s property. The lot of the plaintiff was below grade and she objected to the filling of the street in such a manner that the slope of the fill would extend over her *432property line, and to avoid such a fill it would have been necessary, in order to grade the street of its full width, to build a wall in front of the property. The plan of the improvement was, while the work…
2Cases cited5 opinions
- Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
- Pusey v. City of AlleghenySupreme Court of Pennsylvania · 1881
- Righter v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Thornton v. Enterprise InsuranceSupreme Court of Pennsylvania · 1872
- Rodgers v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
3Cited by5 opinions
- A. H. Reid Creamery & Dairy Supply Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1922
- Ringwalt v. BoroughSuperior Court of Pennsylvania · 1912
- Robinson v. Norwood BoroughSuperior Court of Pennsylvania · 1905
- Holmes PetitionSuperior Court of Pennsylvania · 1957
- Martin v. Ambridge & Baden Street Railway Co.Superior Court of Pennsylvania · 1914