Whitehead v. Manor Borough
Superior Court of Pennsylvania
Appeal, No. 33, April T., 1903, by-defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1901, No. 521, on verdict for plaintiff in case of S. P. Whitehead v. Manor Borough. Appeal from award of jury of view. Before McConnell, J. At the trial it appeared that the proceeding was under the Act of May 24, 1878, P. L. 129, to assess damages for injuries claimed by the change of grade of Oak street in the borough of Manor.
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Appeal, No. 33, April T., 1903, by-defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1901, No. 521, on verdict for plaintiff in case of S. P. Whitehead v. Manor Borough. Appeal from award of jury of view. Before McConnell, J. At the trial it appeared that the proceeding was under the Act of May 24, 1878, P. L. 129, to assess damages for injuries claimed by the change of grade of Oak street in the borough of Manor. The plaintiff claimed as an element of damages the removal of the steps giving access to his house. The court charged in part as follows : [But it is not admitted as a…
1Opinion of the Court
Opinion by
Beaver, J.,
This was an appeal from an award of viewers appointed, under the provisions of the Act of May 24, 1878, P. L. 129, to view and assess the damages sustained by the plaintiff, by reason of a change of grade of a street in front of a lot upon which his dwelling was built. Tt would seem, from the evidence, that the plaintiff erected the house, before the incorporation of the defendant borough, so near the line of the highway that the steps leading from the porch abutted, if they did not encroach, upon the sidewalk and were removed in the change of grade which was made in…
2Cases cited2 opinions
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- Strathern v. Borough of BraddockSuperior Court of Pennsylvania · 1899