Burdsall v. Lansdowne Borough

Citations

• 68 Pa. Super. 215
• 1917 Pa. Super. LEXIS 97

Syllabus

<p>Boad law — Change of grade — Agreement as to issue to he tried on appeal from award of viewers.</p> <p>Where, on an appeal from an award of viewers in a change of grade case, the property owner, as plaintiff, and the borough, as defendant, enter into a written agreement signed hy counsel and approved hy the court for an issue to he framed to determine “what damages, if any, had been suffered” by the plaintiff hy the change of grade, the borough cannot claim that the plaintiff was required under the issue tried to show that the borough had duly passed an ordinance which had been approved by the burgess, duly advertised, and recorded in the ordinance hook and there properly attested.</p> <p>On the trial of such an issue the plaintiff may show that the change of the grade in question caused water to accumulate in front of his property to an extent that at times] seriously interfered with access to the property.</p>