Scattergood v. Lower Merion Township Commissioners

Opinion by

Mr. Justice Linn,

On the petition filed in 1930 by appellant, whose property abuts on City Avenue in Lower Merion Township, Montgomery County, viewers were appointed to assess damages on averments that part of his frontage was taken to widen the avenue. Thereafter, on petition of the township (of the first class) alleging that appellant’s petition disclosed that no land had been taken, as averred, or that the township was otherwise liable, the appointment of viewers was revoked and the proceeding quashed. This appeal followed.

We shall assume, for present purposes, that, pursuant to…