Legal Opinion

Hobbs v. Shamokin Borough

Superior Court of Pennsylvania

Decided March 13, 1917No. Appeal, No. 302Published

Appeal, No. 302, Oct. T., 1916, by defendant, from judgment of O. P. Northumberland Co., Sept. T., 1914, No. 41, on verdict for plaintiff in case of Isaac Hobbs v. Shamokin Borough. Appeal from report of viewers. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $654. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Williams, J.,

This was a proceeding to recover damages for an alleged change of grade.

In 1906 an ordinance was passed providing for the curbing and paving of Market street. The appellee had *24signed the petition therefor, which provided, inter alia, that “if it be necessary to change the grade on the said Market street in order to make good work of the paving, that they and each of them shall and will at his, her, their and each of their own proper expense, place a foot-walk np to the grade, and grade and curb in front of their and each of their properties without any cost to the…

2Cases cited7 opinions

  1. Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
  2. Borough of New Brighton v. United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
  3. Menner v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1898
  4. Philadelphia & Reading Coal & Iron Co. v. SchmidtSupreme Court of Pennsylvania · 1916
  5. Greenawalt v. West Newton BoroughSuperior Court of Pennsylvania · 1916

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