Correll v. Borough

Citations

• 49 Pa. Super. 118
• 1912 Pa. Super. LEXIS 293

Syllabus

<p>Road, law — Sidewalks—Change of grade — Acts of April 8, 1851, P. L. 820, May 24,1878, P. L. 129, May 22,1888, P. L. 89, June 18, 1874, P• L. 288, and May 26,1891, P. L. 116.</p> <p>1. Municipal authorities cannot impose upon property owners the burden of grading sidewalks to meet substantial changes in the grade of the cartway. .</p> <p>■ 2. A petition for appointment of viewers to assess damages for a change of grade of a sidewalk to conform to street level, is sufficient to give the court of common pleas jurisdiction, which avers that the cartway of the street had been cut away and lowered gradually from time to time within the past six years, and that in order to make the sidewalk grade conform to this changed grade of the cartway, it was lowered “over two feet below the natural and original level of the ground and sidewalk,” theretofore in common use. Such a proceeding is properly brought under the Acts of May 24, 1878, P. L. 129.</p> <p>3. The Act of May 24,1878, P. L. 129, was not repealed by the Act of May 16,1891, P. L. 75, nor supplanted by the Act of May 22,1883, P. L. 39.</p> <p>4. An appeal from an award of viewers in a proceeding under the Act of May 24, 1878, P. L. 129, must be taken within thirty days of the filing of the report as provided by the Act of June 13,1874, P. L. 283.</p>