Akers v. Philadelphia

Citations

• 63 Pa. Super. 456
• 1916 Pa. Super. LEXIS 188

Syllabus

<p>Road law — Municipalities—Change of grade — Tenant—Evidence.</p> <p>In a proceeding by the tenant of a small store and newsstand against a city, to recover damages for injuries alleged to have been sustained by reason of the change of grade of the street on which the stand was situated, the plaintiff cannot recover where he makes out nothing more than temporary loss of profits due to the obstruction of the building while the regrading was going on. In such a case the damages are measured according to the market value, for any useful purpose, of the balance of the term at the completion of the improvement; that is it is the difference of the value of the property before the injury and as affected by the completed improvement.</p> <p>The tenant will not be permitted to show as an independent element of damage, the cost of adjusting the demised premises to the new grade.</p>