Lageman v. Pittsburg

Citations

• 47 Pa. Super. 493
• 1911 Pa. Super. LEXIS 189

Syllabus

<p>Road law — Change of grade — Damages—Report of viewers — Act of May 26,1891, P. L. 117.</p> <p>1. Where a street is created by ordinance, and viewers are appointed pursuant to the statute to determine the benefits and assess the damages resulting from such improvement, any damage to an abutting property owner resulting from the grade of the street established by the ordinance must be taken into consideration by the viewers.and awarded to the person injured, in their report; and where the viewers do not allow any damage because of the grade fixed, the owner alleging himself to be injured, must pursue the statutory remedy for relief, and if the report of viewers be finally confirmed without objection on his part, he is estopped from claiming damages in a subsequent proceeding for the awarding of damages, or the assessment of benefits growing out of the actual grading and paving of the street.</p> <p>2. Under the Act of April 2,1903, P. L. 124, a report of viewers when finally confirmed by the court is conclusive as to any assessment made to pay the costs of a street improvement.</p>