Legal Opinion

Strathern v. Borough of Braddock

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 217PublishedCited by 4 opinions

Appeal, No. 217, April T., 1899, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1898, No. 158, on verdict for plaintiff. Opinion by Orlady, J. Feigned issue.

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Appeal, No. 217, April T., 1899, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1898, No. 158, on verdict for plaintiff. Opinion by Orlady, J. Feigned issue. Before McClhhg, J. It appears from the evidence that defendant graded and paved the cartway only of Fifth street and in so doing cut along the side of plaintiff’s property; said property upon which was erected a frame dwelling house, fronting on Camp avenue, house and lot being together worth about $4,000, fronted forty-one and fifteen hundredths feet on the southwardly side of Camp avenue, at the corner of Fifth…

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant borough changed the grade of one of its highways at the side of the plaintiff’s property, and in furtherance of the improvement a uniform grade was established between two streets in such a way as to make an excavation of about six inches at the corner of Camp avenue and Fifth street, and thence along Fifth street the length of plaintiff’s lot, 150 feet, and an additional eighteen feet beyond the lot line to the south curb line of a twenty-foot alley in the rear of his premises, at which point the excavation was about four and one half feet below the…

2Cases cited1 opinion

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893

3Cited by4 opinions

  1. Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
  2. Hill v. Oakmont BoroughSuperior Court of Pennsylvania · 1911
  3. United States v. 137.02 ACRES OF LAND, ETC., CMWLTH. OF PA.District Court, M.D. Pennsylvania · 1971
  4. Whitehead v. Manor BoroughSuperior Court of Pennsylvania · 1903

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