Clark v. City of Philadelphia

Citations

• 185 Pa. 503
• 39 A. 1104
• 1898 Pa. LEXIS 743

Syllabus

<p>Road law — Opening street — Damages.</p> <p>Where a street has beeu opened in accordance with a grade established by ordinance, the landowner is not entitled, in proceedings for damages, to introduce evidence as to the amount of filling necessary to bring his property up to a grade established by an earlier ordinance.</p> <p>In a proceeding to recover damages for the opening of a street, the mere establishment of a grade on paper prior to the one which was consummated by physical construction cannot be considered and, it is proper to refuse to allow the landowner’s witnesses to testify whether there could have been a more favorable grade for the development of the plaintiff’s property than the grade established by the ordinance under which the street was opened.</p>