Smith v. Cheltenham Township
Superior Court of Pennsylvania
Appeal, No. 87, Oct. T., 1907, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 51, for defendant non obstante veredicto in case of Michael A. Smith v. Cheltenham Township. Trespass to recover damages to real estate resulting from change of grade of a road. Verdict for plaintiff for $665. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 87, Oct. T., 1907, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 51, for defendant non obstante veredicto in case of Michael A. Smith v. Cheltenham Township. Trespass to recover damages to real estate resulting from change of grade of a road. Verdict for plaintiff for $665. Subsequently the court entered judgment for defendant non obstante veredicto. Swartz, P. J., filing the following opinion: At the June sessions, 1889, the report of a jury of view laying out a public road in Cheltenham township was confirmed absolutely. The new highway was called…
1Opinion of the Court
Opinion bt
Beaver, J.,
The appellant states the question here involved: “Is a township of the first class liable for damages to an abutting property occasioned by the change of grade of an existing highway within the limits of the township?”
Upon the trial of the case in the court below, the trial judge submitted certain questions of fact to the jury, the verdict being for the plaintiff. Upon a motion for a new trial or for judgment non obstante veredicto, the court entered judgment upon the whole record for the defendant n. o. v. The entry of this judgment constitutes the error assigned.
By the…
2Cases cited4 opinions
- Snively v. Washington TownshipSupreme Court of Pennsylvania · 1907
- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
- Shoe v. Nether Providence TownshipSuperior Court of Pennsylvania · 1896
- Feree v. MeilySupreme Court of Pennsylvania · 1801
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