Devlin v. Philadelphia

Citations

• 206 Pa. 518
• 56 A. 21
• 1903 Pa. LEXIS 752

Syllabus

<p>Road law — Change of grade — Damages—Paving street.</p> <p>It is the physical change and not the mere establishment of a grade on the official plans which gives a right of action, and no damages are recoverable for the establishment of the grade until the actual work of grading is begun.</p> <p>A person who owns land on both sides of a street on a city plan with a grade established above the natural surface, cannot, after he has built houses according to the established grade, and, with the permission of the city authorities, paved the street according to the established grade, recover damages for injuries to his land caused by the elevation of the natural surface of the street to the established grade.</p>