Dettra v. City of Philadelphia

Citations

• 245 Pa. 139
• 91 A. 247
• 1914 Pa. LEXIS 847

Syllabus

<p>Real estate — Land damages — Opening street — Change of grade— Act of May 26,1891, P. L. 117.</p> <p>1. Tbe Act of May 26, 1891, P. L. 117, contemplates tbat all damages to abutting land consequent upon tbe improvement of a gtreet shall be assessed in a single proceeding.</p> <p>2. In 1894 a public street in a city was opened by ordinance and proceedings were instituted in the Court of Quarter Sessions of the county for the assessment of damages and a road jury was appointed, which after hearing evidence filed its report on November 15, 1894. By ordinance adopted in July, 1911, the curbing and paving of the street was directed by the city. The owner of a lot abutting on the street proceeded to curb and pave. The natural surface of the owner’s sidewalk was several feet above the established grade of the street and the owner was therefore obliged to grade it off so as to make the grade conform. In 1913, the owner presented a petition asking that viewers be appointed to assess the damages sustained in consequence of having been required to lower her sidewalk. Viewers were accordingly appointed, but subsequently, on motion of the city, the order appointing them was revoked and the original petition was quashed, for the reason that if petitioner had sustained any damages her claim for compensation should have been presented in the proceedings before the road jury in 1894, of which she admittedly had notice. Held, that under the provisions of the Act of May 26, 1891, P. L. 117, providing “That in all cases of assessment of damages for the opening or widening of any street or highway, the award of damages, if any, shall include all damages due to the grade at which said street or highway is to be opened or widened, and the plan attached to the report of the viewers awarding the damages shall have therein a profile plan showing the existing grade,” the action of the lower court was proper.</p>