Rudderow v. Phila.

Supreme Court of Pennsylvania January 21, 1895

Rudderow v. Phila., 166 Pa. 241 (Pa. 1895)

31 A. 53; 1895 Pa. LEXIS 1184

Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

The facts of this case are clearly set forth in the report of the learned referee, and all that need be said as to the law applicable thereto will be found in his opinion. There is nothing in the case that requires further comment. There was no error in dismissing the exceptions and entering judgment for the damages found in favor of the appellee.

The judgment is affirmed on the clear and convincing opinion of the referee..

Reference

Full Case Name: Augustus J. Rudderow, Trustee v. Phila.
Cited By: 4 cases
Status: Published
Syllabus: Constitution—Boad law—Change of grade—Damages. Under art. 6, § 8, of the constitution, which provides for just compensation for property taken for public works, an owner'of property on a street is entitled to damages for a change of grade of the street from its original level rendered necessary in order to construct sewers to abate a nuisance prejudicial to the health of the neighborhood. A municipality is not entitled to set off, against a special damage done to a particular property, a subsequent increase of value common to the entire neighborhood in which the particular property is situated.