Martin v. Baden Borough

Citations

• 233 Pa. 452
• 82 A. 686
• 1912 Pa. LEXIS 850

Syllabus

<p>Appeals — Assignments of error — Refusal of instructions.</p> <p>1. Assignments of error based upon failure to instruct will be disregarded on. appeal when the record does not show the instruction in question was asked for, or, if asked for and refused, that any exception was taken.</p> <p>Evidence — Land damages — Municipalities—Change of grade — Contract with third party — Instruction to disregard — Street railways.</p> <p>2. In an action by a property owner against a borough to recover damages sustained by reason of the change of grade of a public street, the admission of a contract between the borough and a street railway •company for the purpose of showing that while the change of grade was a municipal improvement, undertaken by the borough, yet the railway company under its contract with the borough had obligated itself to do the work, and did do it, as the agent of the borough, constitutes error and the error is not cured by an instruction to disregard this testimony.</p>