White v. Borough of McKeesport
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October Term 1882, No. 126. Trespass quare clausum fregit, by James P. "White, against the borough of McKeesport. Plea, not guilty.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October Term 1882, No. 126. Trespass quare clausum fregit, by James P. "White, against the borough of McKeesport. Plea, not guilty. On the trial, before White, J., the following facts appeared: The alleged trespass was committed by the defendant in grading Fifth street in the borough of McKeesport, and for this purpose, making a cut 50 feet wide along said street, and thereby, as claimed by plaintiff, entering upon and taking part of a certain lot owned by him abutting on the street. The plaintiff alleged that the proper width…
1Opinion of the CourtJustice Green
This was an action of trespass quare clausum fregit. The plaintiff, a property owner, claimed that the defendant, an incorporated borough, had taken a part of his land in grading a public street, and sought to recover damages for the taking, upon the ground that the action of the borough was illegal. The learned-court below very carefully and correctly instructed the jury that, “in improving the street the borough had no right to go beyond its limits, and if the improvement did, it was a trespass upon private property,” and they left to the jury distinctly the question, “did this improvement…
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