Legal Opinion

Braucher v. Somerset Borough

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 53PublishedCited by 9 opinions

Appeal, No. 53, April T., 1914, by defendant, from judgment of C. P. Somerset Co., Dec. T., 1912, No. 23, on verdict for plaintiff in case of S. G. Braucher v. Somerset Borough. Appeal from award of jury of view. Before Rtjppel, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,065.23. Defendant appealed. Error assigned was portion of charge quoted in the opinion of the Superior Court.

1Opinion of the Court

Opinion by

Portee., J.,

The borough of Somerset, on April 10, 1911, adopted an ordinance establishing the grades of the east and west curb lines of East street, in that borough. The street had long prior to that time been a public highway, open and used as such. The borough in April, 1912, caused a part of the cartway of the street, to wit, a strip twenty-one feet wide in the middle of the cartway, to be graded. The total width of the street was forty-nine and a half feet, of which ten feet in width on each side was sidewalk. The grading did not touch the sidewalks, and about four feet in width…

2Cases cited8 opinions

  1. Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
  2. Howley v. PittsburgSupreme Court of Pennsylvania · 1903
  3. Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
  4. Markle v. Phila.Supreme Court of Pennsylvania · 1894
  5. Steelton Borough v. BooserSupreme Court of Pennsylvania · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Golden v. PhiladelphiaSuperior Court of Pennsylvania · 1947
  2. Henry v. Allegheny CountySupreme Court of Pennsylvania · 1961
  3. Philadelphia ex rel. DePaul v. Philadelphia Authority for Industrial DevelopmentSuperior Court of Pennsylvania · 1974
  4. Davis v. Borough of CraftonSuperior Court of Pennsylvania · 1920
  5. Frick v. PhiladelphiaSuperior Court of Pennsylvania · 1915

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