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>
Judges: Brown, Elkin, Kennedy, Mestrezat, Mitchell, Pell, Potter, Stewart
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