Shoe v. Nether Providence Township

Superior Court of Pennsylvania
Shoe v. Nether Providence Township, 3 Pa. Super. 137 (1896)
1896 Pa. Super. LEXIS 117
Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard

Shoe v. Nether Providence Township

Opinion of the Court

Opinion by

Wickham, J.,

The only question presenting itself for decision in this case is whether a township is liable to adjoining property owners, under section 8 of article 16 of the constitution of 1874, for *141injuries resulting from a change made by the supervisors in the grade of a county road.

The matter has been so fully and ably discussed in the opinion of the learned judge of the court below, that little remains to be said.

The constitutional provision, relied on by the plaintiff, reads as follows : “ Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for the property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such talcing, injury or destruction.”

We are satisfied that townships are not within the meaning of this provision, and that they are liable only to the same extent that they were before the adoption of the constitution, unless some statute extends their liability.

The view here taken is sustained by the decision in Wagner v. Salzburg Township, 132 Pa. 636.

Judgment affirmed.

Reference

Full Case Name
William W. Shoe v. Nether Providence Township
Cited By
8 cases
Status
Published
Syllabus
Road law — Township liability for damages for change of grade — Constitution of Pennsylvania. A township is not liable in damages to property owners along the line of a public road for change in the grade of the road for the improvement of public travel. At common law there could be no recovery for such an injury and none is given by art. XYI. sec. 8 of the constitution. A township is not such a corporation as falls within this clause of the constitution.