Edsall v. Jersey Shore Borough

Citations

• 220 Pa. 591
• 70 A. 429
• 1908 Pa. LEXIS 822

Syllabus

<p>Road law — Boroughs—Change of grade — Paving—Damages.</p> <p>Where a street railway company in laying its tracks on a borough street changes the grade of the street without authority from the borough, but a few years thereafter the borough adopts the new grade and lays a pavement on the street, evidence as to the effect of the change of grade on the value of abutting properties will be confined to the date of the adoption of the new grade by the borough, and not to the date of the construction of the railway. In a proceeding to assess damages for such a change of grade, the improvement caused by the paving may be taken into consideration.</p> <p>In a proceeding to assess damages it is proper to admit evidence that the change was a part of a general scheme of improvement.</p> <p>The borough is not bound by the acts of individual members of a borough council unless such acts are done by express authority.</p> <p>Official authority or power must be exercised not only in the manner prescribed by law and in the name of the public, but also when exercised by an official board or body, by that board or body acting as such at a meeting duly called and authorized by law and at which under the law or regular rules of procedure, particular action can be taken.</p> <p>Where a street railway company in laying its tracks changes the grade of a borough street, a profile map produced by an official member of the railway company, in a proceeding to assess damages, is properly excluded, where there is no evidence that the map had been approved by the borough, or that the borough council as a body had ever authorized the railway company to change the grade.</p> <p>In a proceeding by a property owner against a borough to assess damages for change of grade of a street, the court commits no error in rejecting evidence of the cost of raising plaintiff's house and lot to the new grade.</p> <p>Elkin/J., dissents.</p>