McKaeig v. Philadelphia

Citations

• 53 Pa. Super. 591
• 1913 Pa. Super. LEXIS 223

Syllabus

<p>Road law — Change of grade — Petition for viewers — Ordinance.</p> <p>1. Although a petition for the appointment of viewers to assess damages for change of grade under the Act of June 12,1893, P. L. 459, may not be fatally defective because it fails to set forth the ordinance, or to aver in so many words that the damages are the proximate and immediate result of the change of grade, yet, if after viewers are appointed, the municipality files an answer setting forth the ordinance, and it appears that the averments of the petition are inconsistent with the ordinance, the court will quash the petition for the appointment of viewers.</p> <p>2. In such a case the general rule that a motion to set aside or strike off the judgment must be based on an irregularity appearing on the face of the record, is not applicable; nor will the fact that the petitioner might have amended his petition, prevent the court from quashing the proceedings, if it appears as a fact that the petitioner never made any application to amend.</p>