Dawson v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 284, Oct. T., 1893, by plaintiff, Susannah Dawson, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 196, on verdict for defendant. Appeal from viewers assessing damages and benefits for change of grade of Westminster street in the city of Pittsburgh. Before McClung, J. At the trial it appeared that plaintiff was assessed by the viewers with the sum of $1,479.74 as benefits. Various witnesses testified as to damages.
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Appeal, No. 284, Oct. T., 1893, by plaintiff, Susannah Dawson, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 196, on verdict for defendant. Appeal from viewers assessing damages and benefits for change of grade of Westminster street in the city of Pittsburgh. Before McClung, J. At the trial it appeared that plaintiff was assessed by the viewers with the sum of $1,479.74 as benefits. Various witnesses testified as to damages. When William A. Dawson, a witness for plaintiff, was on the stand, he was asked: “ Q. What is there in the change of grade and other improvements there…
1Opinion of the Court
Opinion by
Mb.. Justice Mitchell,
The main contention of appellants that the act of May 16, 1891, P. L. 71, introduced a new rule for the estimation and measure of damages in the opening or change of grade of streets, cannot be sustained. Before that act the practice was for viewers to report the result of their findings on the two matters of damages and benefits, as a single sum, either damages or benefit, but not both. Under the act of 1891 they report both matters separately, but the net result is the same. The only effect of the change is to give the court primarily and the parties finally…
2Cases cited3 opinions
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Chambers v. South Chester Bor.Supreme Court of Pennsylvania · 1891
- Harris v. Schuylkill R.Supreme Court of Pennsylvania · 1891
3Cited by56 opinions
- Commonwealth v. MeltonSupreme Court of Pennsylvania · 1962
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- Commonwealth v. JordanSupreme Court of Pennsylvania · 1962
- Stemons v. TurnerSupreme Court of Pennsylvania · 1922
- Hoffman v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1920
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