Philadelphia v. Bilyeu

Citations

• 36 Pa. Super. 562
• 1908 Pa. Super. LEXIS 204

Syllabus

<p>Practice, C. P. — Trial—Motion for judgment non obstante veredicto —Points for charge — Act of April 22,1905, P. L. 286.</p> <p>Under the Act of April 22, 1905, P. L. 286, a party has no standing to move for judgment non .obstante veredicto upon the whole record, where he has not at the trial presented a point requesting binding instructions in his favor.</p> <p>Practice, C. P. — Trial—Reservation of question of law — Acts of March 28,1835, P. L. 88, and April 22,1863, P; L. 554.</p> <p>A party is not entitled to have reviewed the action of the lower court in refusing a motion for judgment non obstante veredicto upon a question of law reserved, where no exception is taken to such action of the court below.</p> <p>Road law — Paving—Assessment bills — Defenses—Act of April 19, 1843, P. L. 342.</p> <p>Where a city ordinance provides a particular grade for gutters, and for the crown of the pavement in grading and paving streets, unless the chief engineer and surveyors shall certify otherwise, and a contract is entered into by the city with a contractor in accordance with- the terms of the ordinance, the contractor cannot recover the amount of an assessment bill' against an abutting owner, where it appears that during the progress of the work the chief of the highway bureau changed the grade of the gutter and crown so that when the work was finished there was no gutter on one side of the street, and the slope of the pavement was such that the abutting owner suffered a special injury in having all the surface drainage thrown on his side of the street, and there stagnating without being carried to a sewer inlet. In such a case the owner is not estopped because he did not object while the work was under way where he had no knowledge whatever that the chief engineer and surveyor had not certified to the change in the specifications of the contract; nor is the owner barred from setting up as a defense his special injury, because the work had been accepted by the city offic