Change of Grade in Plan 166

Citations

• 143 Pa. 414
• 22 A. 669
• 1891 Pa. LEXIS 933

Syllabus

<p>[To be reported.]</p> <p>1. The proviso of § 27, act of February 2, 1854, P. L. 37, giving a right to damages for injuries to private property arising from any alteration of the grade regulations of any portion of the city of Philadelphia, to be assessed as in cases of damages for opening streets, applies only to changes of the grades, which were already legally established at the date of the act.</p> <p>2. Wherefore, the Court of Quarter Sessions of Philadelphia county has no jurisdiction to assess damages for the change of a street grade established after February 2, 1854; as to such a grade, a mere “paper change ” vests no right to damages; and the remedy, under § 8, article XVI. of the constitution, for an actual change upon the. land, is by action on the case in the Common Pleas.*</p> <p>3. If, however, a physical change of grade be made, in connection with the opening of a street, for which there is a statutory remedy in the Court of Quarter Sessions, and the jurisdiction of that court has once attached, it will determine the whole cause, including the assessment of the damages arising from such change of grade: Pusey v. Allegheny, 98 Pa. 522; Per Mr. Justice Mitchell.</p> <p>4. The legislation, and the decisions relating to damages arising from changes of street grades in Philadelphia, reviewed per Mr. Justice Mitchell. Philadelphia v. Wright, 100 Pa. 235; Campbell v. Philadelphia, 108 Pa. 300; Grape St., 103 Pa. 121, and Schuler v. Philadelphia, 22 W. N. 161, considered, explained and distinguished; Ridge Ave., 99 Pa. 469, approved and followed.</p>