Bond v. Philadelphia

Citations

• 218 Pa. 475
• 67 A. 805
• 1907 Pa. LEXIS 549

Syllabus

<p>Road law — Change of grade — Lot below surface of street — Damages— Viewers — Act of May 21, 1895, P. L. 89.</p> <p>Where a lot, before the change of grade of an abutting street, was five feet below the surface of the street, and after the change of the grade of the street was sixteen feet below the street level, the owner, in proceedings to assess damages, will not be permitted to show the amount and cost of the fill required within the surface of the lot, to a height which would correspond with that it had before the change in grade was made.</p> <p>Where a witness called to estimate the damage to property caused by a change of grade does so by fixing the value before and then subtracting from it the cost of bringing the lot to the new grade, the testimony of such witness is properly stricken out.</p> <p>The fact of the additional elevation, as affecting the value of the property after the change may be shown, but not the specific cost of changing the whole surface of the property by lifting it all up to a new grade.</p> <p>In a proceeding to assess damages for injuries resulting from the change of grade of a street, the city may show that the elevation of the street was a part of a general scheme of improvement adopted by the city, which included among other things a public park in the neighborhood of plaintiff's land. Whatever affects the value of the land in the estimation of the general buyer, whether to raise or depress, may be shown.</p> <p>On an appeal from an award of viewers appointed by the court to assess damages for injuries resulting from change of grade of a street, it is within the discretion of the court whether to allow or refuse the request for a view of the premises by the jmy.</p> <p>The Act of May 21, 1895, P. L. 89, providing for a view as a matter of right, has regard only to actions brought and not to proceedings on appeal from the award of viewers.</p>