Kline Et Ux. v. McKeesport
Superior Court of Pennsylvania
Appeal, No. 98, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 2366, on verdict for plaintiff in the case of Mollie Kline, Edward Kline and Martin D. Kline v. City of McKeesport. Appeal from award of Board of Viewers. Before Drew, J. The facts are stated in the opinion of the Superior Court. At the trial it appeared that the plaintiffs claimed damages for a change of grade on Ash Street in the City of McKeesport.
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Appeal, No. 98, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 2366, on verdict for plaintiff in the case of Mollie Kline, Edward Kline and Martin D. Kline v. City of McKeesport. Appeal from award of Board of Viewers. Before Drew, J. The facts are stated in the opinion of the Superior Court. At the trial it appeared that the plaintiffs claimed damages for a change of grade on Ash Street in the City of McKeesport. Verdict for plaintiffs in the sum of $450, on which judgment was entered. Defendant appealed. Errors assigned were, among others, answers to…
1Opinion of the Court
Opinion by
Trecxler, J.,
In 1892, the City of McKeesport established by ordinance a grade on Ash Street. In 1914 the city graded the street. The plaintiffs asked damages equivalent to the difference in value before the improvement was made and immediately after. The position of the city is that since the building upon the property did not conform to the grade established in 1892, they cannot recover damages by reason of the change from the actual grade of their house and that established by the proceedings of 1914. This would be true if it appeared that the house was built since 1892, for it…
2Cases cited2 opinions
- Devlin v. PhiladelphiaSupreme Court of Pennsylvania · 1903
- Lawrence McFadden Co. v. PhiladelphiaSuperior Court of Pennsylvania · 1915
3Cited by1 opinion
- Costello v. City of ScrantonSuperior Court of Pennsylvania · 1933