Mount Pleasant Avenue

Citations

• 171 Pa. 38
• 32 A. 1122
• 1895 Pa. LEXIS 1275

Syllabus

<p>Hoad law—Change of grade—Assessment for benefits—Appeal—Act of 16> 1891.</p> <p>An owner of property who is assessed with benefits by a jury appointed under the act of May 16,1S91, P. L. 75, is entitled to take an appeal from</p> <p>the assessment of benefits to the court of common pleas, and to have a trial hy jury.</p> <p>Constitutional law—Damages to property—Constitution of 1874, art. 16, sec. 8.</p> <p>The “ preliminary assessment of damages,” referred to in section 8 of art. 16 of the constitution of 1874, prohibiting the legislature “from depriving an}' person of an appeal from any preliminary assessment of damages,” refers to damages sustained by the owner of property when it is “ taken, injured or destroyed ” by the construction or enlargement of public works, highways or improvements.</p>