Spencer v. Carlisle Borough

Citations

• 63 Pa. Super. 513
• 1916 Pa. Super. LEXIS 202

Syllabus

<p>S ewers — B oroughs-^ — A Tley — Damages.</p> <p>In an action against a borough to recover damages to land resulting from the laying of a sewer in a portion of an alley owned by the plaintiff in fee, the measure of damages is the difference between the value of the property before and after the injury.</p> <p>In such a case where the defendant secured a release from the persons having the right of way over the alley, but constructed the sewer without filing a bond, and the plaintiff testifies from an “inward conviction” that the properly was injured to the extent' of five hundred dollars, and another witness for plaintiff testified that a portion of the land was injured to that amount, hut that the whole property would bring as much afterwards as before the injury, it is reversible error for the court to leave to the jury the questions of compensatory damages and of punitive damages.</p> <p>Deeds — Boundary—Street.</p> <p>In a conveyance designating a street as'a boundary, it is always open to proof to show that the street was unopened and unused, and therefore the grantor’s right was limited to the edge of a side of the street. If there arises any question as to the facts as to whether the street was open or not at the time of the conveyance, the matter must he left to the jury.</p>