Ickes v. Leetsdale Borough

Citations

• 247 Pa. 394
• 93 A. 498
• 1915 Pa. LEXIS 847

Syllabus

<p>Statute of limitations — Change of grade proceedings — Permanent injury — Bar of statute. '</p> <p>The Statute of Limitations of March 27, 1713, 1 Sm. L. 76, is ■an absolute bar to the recovery of damages for injury to land caused by the change of grade of a street in proceedings instituted more than six years after the physical change was made. Such injuries are not, like a nuisance, temporary in character, but permanent, and one action only may be brought therefor; they do not give rise to successive actions for damages while the new grade is maintained, on the theory that it is a continuing nuisance.</p> <p>Hannum v. Borough of West Chester, 63 Pa. 475, distinguished.</p>