Hobbs v. Shamokin Borough

Citations

• 66 Pa. Super. 22
• 1917 Pa. Super. LEXIS 180

Syllabus

<p>Road law — Change of grade of a street — Established grade— Natural grade — Appeals.</p> <p>In a proceeding against a borough to recover damages for an alleged change of grade of a street where it appears that there had been in fact a physical change of grade which left the plaintiff’s house below the level of the street, and that the grade at which the houses had been built had remained the same for over thirty years, the presumption is that such grade was the established grade, or that the plaintiff had built at the natural level. Under such circumstances plaintiff is entitled to recover damages for the establishment of the grade at a different level. An appeal lies from the viewers to the Common Pleas.</p> <p>Road law — Change of grade — Laches.</p> <p>In a proceeding against a borough to recover damages for a change of grade, the defendant borough cannot set up laches on the part of the plaintiff, where there is nothing to show that there had been a change in the status of the parties under the belief that plaintiff did not intend to assert his rights; and that this change would inequitably accrue to the advantage of the plaintiff and the disadvantage of the defendant, or innocent third parties.</p> <p>Road law — Change of grade — Ordinance—Petition for viewers.</p> <p>In a change of grade proceeding against a borough, the defendant borough cannot complain in the appellate court that the ordinance was not attached to the petition for the appointment of viewer, where the record fails to show that this question was raised in the court below, but does show that the ordinance was introduced in evidence, was a part of the record, and that for purposes of review, as well as of trial, the pleadings were in such form that no harm could have come to the defendant by the omission.</p> <p>Change of grade — Boroughs—Ratification of acts of officers.</p> <p>In a change of grade proceedings against a borough the borough cannot defend because it had not authorized a change