Borough of New Brighton v. United Presbyterian Church
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Beaver county: Of October and November Term 1880, No. 307. This was a petition filed November 4th 1878, by the United Presbyterian Church of New Brighton, praying for the appointment of viewers to assess damages sustained by said church to their property abutting on Apple street, in the borough of New Brighton, by reason of the change of the grade of said street by the proper authorities of said borough.
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Error to the Court of Common Pleas of Beaver county: Of October and November Term 1880, No. 307. This was a petition filed November 4th 1878, by the United Presbyterian Church of New Brighton, praying for the appointment of viewers to assess damages sustained by said church to their property abutting on Apple street, in the borough of New Brighton, by reason of the change of the grade of said street by the proper authorities of said borough. By agreement of the parties, the case was submitted to the court under the Act of April 22d 1874, who filed the following opinion: “ The court proceeded…
1Opinion of the CourtJustice Mercur
It must be conceded that prior to the Constitution of 1874, the defendant in error would have been remediless ; but art. 16, sect. 8, 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.” This section thus gives compensation for property injured in the construction or enlargement of highways. The first section o’f the Act of May 24th 1878, Pamph. L. 129, gives effect to…
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