Winner v. Graner
Citations
- 173 Pa. 43
- 33 A. 698
- 1896 Pa. LEXIS 655
Syllabus
<p>Hoad law — Change of grade — Damages.</p> <p>For damages caused by the opening and widening of roads laid out in townships the county is liable, but the damages must be ascertained and the liability enforced in accordance with the statutes which give the former and impose the latter.</p> <p>Where an owner of land abutting on a road joins in a petition for a view to widen the road, and makes no claim for damages before the viewers, and is awarded none, he cannot afterwards bring an action of trespass against the township on the ground that in widening the road, tiie roadbed was left at an elevation above the natural surface of his land from seventeen inches to two feet six inches, where it appears that this elevation was the natural result or consequence of the cutting and filling necessary to widen the road.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to raise an objection under a specific section of the Code constitutes a waiver of any argument related to that section
Source: CourtListener parenthetical corpus (CC0).
Judges: Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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