Aswell v. City of Scranton

Citations

• 175 Pa. 173
• 34 A. 656
• 1896 Pa. LEXIS 1231

Syllabus

<p>Eoad law — Streets—Change of grade — Damages.</p> <p>In an action against a city to recover damages for a change of grade of a street where it appears that the improvement affected only two squares, and did not appreciably increase the value of real estate in the general region of the city in which the street was located, it is error for the court to charge the jury not to take into consideration a general appreciation of property in the neighborhood, inasmuch as such an instruction opens the way to the jury to reach the improper conclusion that such advantage derived from an improvement, to justify the jury in considering it, must be something unlike and above the advantages derived by any other person.</p> <p>If every property along a street is made more accessible, then every property along the street is specially benefited, and the amount of that benefit should be set ofE against the damages, if any, inflicted by the improvement as made. It is the actual loss suffered for which the lot owner should be compensated. That loss may be measured with exact justice by the depreciation in value of his property resulting from the improvement complained of. If his property is injured that others may be benefited, his loss should be made good; but if the grading or other improvement increases the value of his property as much as or more than it may cost him to repair, or to readjust himself to the changed state of things, he is not a loser, and he ought not to recover.</p>