Legal Opinion

Marcoz v. Wilmerding Borough

Superior Court of Pennsylvania

Decided October 12, 1908No. Appeals, Nos. 109-118Published

Appeals, Nos. 109-118, by defendant, from judgments of C. P. No. 1. Allegheny Co., Dec. T., 1903, Nos. 1075-1083, on verdicts for plaintiffs in case of Mary Marcoz et al. v. Wilmerding Borough. Appeal from report of jury .of view. Before Swearingen, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs in various sums. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Porter, J.,

The borough of Wilmerding was incorporated in 1890 and its powers and liabilities are to be determined under the general borough laws of the commonwealth. The plaintiff is the owner of a lot abutting on State street in said borough, the grade of which was changed under the circumstances hereafter recited. The plaintiff presented her petition to the court below praying .for the appointment of viewers to assess the damages and benefits under the provisions of the Act of May 16, 1891, P. L. 75, and the several supplements thereto. The viewers having been appointed and having…

2Cases cited7 opinions

  1. Frederick StreetSupreme Court of Pennsylvania · 1892
  2. Philadelphia v. EvansSupreme Court of Pennsylvania · 1891
  3. Allegheny City v. People's Natural Gas & Pipeage Co.Supreme Court of Pennsylvania · 1896
  4. Lewis v. Borough of HomesteadSupreme Court of Pennsylvania · 1899
  5. Borough of New Brighton v. PeirsolSupreme Court of Pennsylvania · 1884

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