Ellwood Lumber Co. v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1920, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1919, No. 85, on verdict for defendant in case of Ellwood Lumber Co. v. City of Pittsburgh. Appeal from award of board of viewers. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various rulings and instructions, quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
On June 27,1916, the City of Pittsburgh by ordinance provided for the opening of Meade street, between North Lexington and Richland streets. The official grade, however, was not established until October 5,1916, at which time an ordinance was passed for that purpose. In the meantime plaintiff erected buildings on its property abutting on Meade and North Lexington streets; before doing so, however, and instead of adopting the existing natural grade, it employed an engineer to inspect the surroundings and estimate the probable grade of the street when officially…
2Cases cited2 opinions
- Ligonier Valley Railroad v. Latrobe BoroughSupreme Court of Pennsylvania · 1907
- McHale v. Easton & Bethlehem Transit Co.Supreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Owl Protective Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1936
- Anspach v. the City of AltoonaSuperior Court of Pennsylvania · 1931
- Clark v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1938
- Mullen v. AltoonaSupreme Court of Pennsylvania · 1932
- Shumaker v. Borough of DaltonDistrict Court, M.D. Pennsylvania · 1931
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