Nicholson Borough

Citations

• 27 Pa. Super. 570
• 1905 Pa. Super. LEXIS 105

Syllabus

<p>Road law — Change of grade — Order of court.</p> <p>In a proceeding under the act of May 16, 1891, for the assessment of damages resulting from the change of grade of a street, it is not necessary that the order of court for the appointment of viewers should contain a direction in detail to the viewers to comply with the requirements of the act.</p> <p>Road law — Change of grade — Assessments for benefits.</p> <p>. Where the report of viewers shows that the only property damaged is a particular lot with a dwelling house erected thereon, and that neither damage nor benefit resulted to any other premises on the street, it is immaterial that the owner of the lot and dwelling house owned another lot contiguous to, and fenced off, from the lot on- which the dwelling house stood. In such a case the viewers did not exceed their authority in considering the house and the lot on which it stood as a separate property.</p> <p>Road law — Constitutional law — Act of May 16, 1891, P. L. 75 — Title of act — Statutes.</p> <p>The Act of May 16, 1891, P. L. 75, is sufficiently comprehensive in its title to cover provisions making boroughs liable for assessments against property damaged by change of grade of streets.</p>