Martin v. Borough of West Liberty

Citations

• 243 Pa. 500
• 90 A. 366
• 1914 Pa. LEXIS 652

Syllabus

<p>Trespass — Real property — Railroads—Borough street — Unauthorized entry — Damages—Gonclusiveness of verdict — Appeals.</p> <p>The verdict of a jury in favor of a defendant in an action of trespass against a borough to recover damages for- injury to real property will not be reversed where the assignments of error present no question of law and the-question of fact at the trial was whether the plaintiff had suffered a special injury by the depreciation of his property due to»the construction of a railroad below the natural grade across a borough street where it appeared that the borough had given its consent for such construction to pass over the street in question at grade, that no official grade had been established as to the street in question and that the company opened a new street on its own land in substitution for the one destroyed.</p>