Rafferty v. City of Pittsburgh

Citations

• 256 Pa. 82
• 100 A. 533
• 1917 Pa. LEXIS 566

Syllabus

<p>Eminent domain — Municipalities—Road law — Change of grade of street — Measure of damages' — Appeal from award of jury of view —Charge of court.</p> <p>In an issue framed to determine the damages, if any, suffered by a property owner by reason of a change of grade of a city street, the plaintiff is entitled to an unqualified affirmance of a point requesting the court to charge that the measure of damages is the difference in the market value of the property immediately before and immediately after the change, and it is reversible error for the court to modify this rule, or to instruct the jury in effect that these elements are not controlling.</p>