Eisenhart v. Philadelphia

Citations

• 154 Pa. 393
• 26 A. 367
• 1893 Pa. LEXIS 902

Syllabus

<p>Streets — Change of grades — Statute of limitations.</p> <p>A plea of “ not guilty within six years ” is an effectual bar to proceedings to assess damages for the change of grade of a street, where the proceedings are not commenced until more than eight years after the work of excavation was done. Such a plea may be filed at any stage of the proceedings prior to or pending the trial.</p> <p>Where a street has been dedicated to the public, subsequent proceedings to open the street afford no basis for damages for a change of grade of the street where proceedings to recover such damages are instituted more than six years after the work of excavation was done.</p>