Greenawalt v. West Newton Borough
Superior Court of Pennsylvania
Appeal, No. 145, April T., 1916, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1914, No. 103, on verdict for plaintiff in case of R. G. Greenawalt v. West Newton Borough. Appeal from award of jury of view in change of grade proceedings. Before Copeland, P. J., of the Orphans’ Court of Westmoreland County, specially presiding.
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Appeal, No. 145, April T., 1916, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1914, No. 103, on verdict for plaintiff in case of R. G. Greenawalt v. West Newton Borough. Appeal from award of jury of view in change of grade proceedings. Before Copeland, P. J., of the Orphans’ Court of Westmoreland County, specially presiding. At the trial various witnesses for the plaintiff were permitted under objection and exception to testify as to the cost of a retaining wall alleged to have been made necessary by the change of grade. (1-5) The court charged in part as follows: [“You…
1Opinion of the Court
Opinion by
Williams, J.,
The plaintiff, Greenawalt, sought to recover damages for injuries to his property caused by a change of grade. At the trial it was shown that certain trees were destroyed as shade trees, that the street was lowered 18 inches, that there had to be a readjustment of the driveway, water and gas lines and sewer system, and that plaintiff’s property was about eight and one-half feet above the former street level and sloped down in steep terraces. He contended that the change in grade also necessitated the building of a retaining wall to protect his terraces.
The sole question…
2Cases cited7 opinions
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- Fortney v. BreonSupreme Court of Pennsylvania · 1914
- Patton v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Bond v. PhiladelphiaSupreme Court of Pennsylvania · 1907
- Hill v. Oakmont BoroughSuperior Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
- Hobbs v. Shamokin BoroughSuperior Court of Pennsylvania · 1917
- Holmes' Appeal, Pennsylvania Court of Common Pleas, Centre County1935
- Servedia v. Lawrence County, Pennsylvania Court of Common Pleas, Lawrence County1943