Borough of Beltzhoover v. Gollings
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 82. Trespass, by Henry Gollings against the Borough of Beltzhoover to recover for damages done to the plaintiff’s property (1) by excessive flow of water, caused, as alleged, by the negligence of the defendant’s servants in grading a public street; (2) by a change of grade of said street.
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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1882, No. 82. Trespass, by Henry Gollings against the Borough of Beltzhoover to recover for damages done to the plaintiff’s property (1) by excessive flow of water, caused, as alleged, by the negligence of the defendant’s servants in grading a public street; (2) by a change of grade of said street. On the trial, before Stowe, P. J., the defendant claimed (1) that the damage was caused by an extraordinary rain, such as could not reasonably have been provided against; (2) that the contract, under which the grading was…
1Opinion of the CourtJustice Mercur
Art. XVI. section 8 of the Constitution of 1874 declares “municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements.”
Section 1 of the Act of 24th May 1878, Pur. Dig. 2092, pi. 15, inter alia, declares: “ in all cases where the proper authorities of any borough within this Commonwealth, have or may hereafter change the grade or lines of any street or alley or in any way alter or enlarge…
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