Schlosberg v. City of New Castle

Opinion by

Linn, J.,

This appeal is from an-order allowing mandamus-execution on the confirmed award of viewers in a change of grade proceeding. The only facts that we consider are those contained in the petition and in the answer filed pursuant to the rule to show cause. The petitioners owned land fronting on Williams Street in New Castle, a city of the third class. An ordinance authorized the grading of the street. The work was done. The city filed a petition for viewers who were appointed, performed their duties, filed a report in which, inter alia, they awarded to the present'petitioners…