McRoberts v. Borough of Castle Shannon

Opinion by

Keller, J.,

The proceeding in the court below was an appeal from a report of viewers assessing benefits and damages arising from the grading, paving and curbing and establishing the grade of Home Avenue in the Borough of Oastie Shannon, pursuant to ordinances duly enacted.

Two matters are assigned for error on this appeal.(1) Home Avenue was laid out along a hill. To construct and grade it of the width of fifty feet it was necessary to make a deep cut on the side of the street owned by the plaintiff and a corresponding fill on the opposite side, which was not owned by him.

The trial…