Deer v. Sheraden Borough

Citations

• 220 Pa. 307
• 69 A. 814
• 1908 Pa. LEXIS 770

Syllabus

<p>Road law — Change of grade — Damages—Action of trespass — Appointment of viewers — Borough—Ordinance.</p> <p>An action of trespass will not lie against a borough to recover damages for injuries to an abutting property owner caused by changing the grade of a public street where there is no actual taking of property. In such a ease the statutory remedy of an assessment of damages by a jury of view must be pursued.</p> <p>Under an ordinance of a borough providing.for the paving and curbing of a street, there is an implied authority to do everything necessary and usual in curbing and paving, including such changes in the grade as are necessary or essential to the paving.</p> <p>The act of the officers or agents of a borough in changing the grade of a street without an ordinance authorizing it in the first instance, may be ratified by the borough subsequently.</p>