Knickerbocker Ice Co. v. Philadelphia

Citations

• 246 Pa. 84
• 92 A. 62
• 1914 Pa. LEXIS 476

Syllabus

<p>Road law — Change of grade — Intersecting unopened streets — Irrelevant evidence — New trial — Incompetent witness.</p> <p>1. A street laid out but not opened cannot be taken into consideration in assessing the damages caused by the opening or change of grade of another street upon the same property. The damages which the abutting owner is entitled to recover are to be determined by considering the depreciation of the market value of the property caused by the opening or grading of the street and have no connection with the street not opened, or graded.</p> <p>2. In a change of grade proceeding, it is immaterial to the issue whether the grade causing the damage has been fixed and determined in accordance with the grade of an intersecting street.</p> <p>3. On appeal from an award of a Board of Viewers in a change of grade proceeding, it is error to admit evidence relating to the circumstances surrounding the alleged dedication of an unopened intersecting street abutting upon the same property, and to a release of the damages which might result from the opening of such street; and where in such case it appeared that the jury had rendered a verdict for defendant municipality whereas the Board of Viewers had awarded the plaintiff substantial damages, a new trial was granted.</p> <p>4. Where in such case the president of the company which owned the land alleged to be damaged was questioned as to the depreciation in value of the property after the change of grade, the court made no error in exeluding this testimony where such witness had not been shown to be an expert in real estate values.</p>