Rodgers v. City of Philadelphia

Citations

• 181 Pa. 243
• 37 A. 339
• 1897 Pa. LEXIS 535

Syllabus

<p>Hoad law — Opening streets — Change of grade — Property otoner — Damages — Practice, C. P.</p> <p>The claim of a property owner for the opening of a street must be asserted as an entirety, and if'any part of it be omitted he is estopped from afterward setting it up. He must submit the whole claim, and no second process can be had for a part of it. The value of the land taken, the condition of what remains as affected by the lines of the street and the elevation or depression of the natural surface, are elements in the calculation, but they are not distinct claims. But claims for opening and for grading a street may be enforced at different times and by different proceedings when the opening and the grading are distinct municipal acts and are so far separated in time that the damages for the grading cannot be recovered with those for the appropriation of the land.</p> <p>A proceeding to recover damages occasioned by the widening of a street at an established grade is not a bar to a subsequent proceeding to recover damages for an injury caused by the elevation of the surface of the street, which was not in contemplation until after the report of the jury in the first proceeding was filed; nor is a recovery in the later proceeding a bar to the further prosecution of the first.</p>