Sterrett School Sub-District v. City of Pittsburg

Supreme Court of Pennsylvania November 8, 1897

Sterrett School Sub-District v. City of Pittsburg, 183 Pa. 225 (Pa. 1897)

38 A. 1103; 1897 Pa. LEXIS 744

Dean, Fell, Green, McCollum, Mitchell, Stereett, Williams

Opinion of the Court

Per Curiam,

This cáse in the court below depended on questions of fact which were properly submitted to and determined by the jury in favor of the plaintiff. The appeal from the judgment entered on the verdict practically resolved itself into a renewal of the motion for a new trial on the ground of an excessive verdict, etc. Those questions were disposed of by the court below and, so far as appears, there is no good reason why they should be reconsidered here. We find no error in the record and the judgment is therefore affirmed.

Reference

Status: Published
Syllabus: Road law — Change of grade — Damages. On an appeal from a report of jurors assessing benefits and awarding damages for change of grade of a street, where the property owner denies that his property was benefited and avers that the damages were inadequate, the evidence must be confined to the condition of the particular property in controversy, and cannot be extended so as to show the size, character and condition of other properties abutting upon the line of the improvement. The Supreme Court will not reverse a judgment on a verdict in a road case for damages for change of grade, on the ground that the verdict was excessive.