Anspach v. the City of Altoona

Opinion by

Linn, J.,

Plaintiff has judgment on a verdict for damages resulting from a change of grade of Twenty-second Avenue, on which his property abuts. The defendant is a third class city and denies , liability on the ground that the change of grade was from the natural surface of the street to the first grade established by the city.

We have found it necessary to examine the original record of the case, to supplement such parts as were printed. While Twenty-second Avenue is now a part of the City of Altoona, it was originally part of an adjoining township. The avenue is 50 feet wide between…