McGarrity v. Commonwealth

Dissenting Opinion by

Mr. Justice Maxey:

There is no doubt that the property of appellant’s decedent, Raiguel, was substantially injured by the act complained of. His business of collecting, baling and shipping waste paper required convenient access to and from his leasehold property by trucks. The lowering by six feet of the grade of Front Street on which his property faced took away his sole access to his premises, thereby destroying the value of his leasehold. The work of changing the grade in front of his property began in February, 1926. In March, 1926, Raiguel was obliged by this change…