Corr v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 53, Jan. T. 1905, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1902, No. 282, sustaining demurrer to statement in case of Bernard Corr v. City of Philadelphia. Ejectment for land in the thirty-eighth ward of the city of Philadelphia. The statement averred that the land had been appropriated, in 1884, by the city for a reservoir.
Read the full summary
Appeal, No. 53, Jan. T. 1905, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1902, No. 282, sustaining demurrer to statement in case of Bernard Corr v. City of Philadelphia. Ejectment for land in the thirty-eighth ward of the city of Philadelphia. The statement averred that the land had been appropriated, in 1884, by the city for a reservoir. The statement continued as follows : “ Subsequently, it appealing that the said land was unsuited for 'the purpose of a reservoir, „ the defendant abandoned the site and let the land -which is the- subject of this suit, for farm…
1Opinion of the Court
Pee Curiam,
An abandonment of land appropriated by a municipality for public use cannot be established by proof merely of a failure for the time to use it, or of a temporary use of it not inconsistent with an intention to use it for the purpose for which it was taken, or another public purpose. The facts alleged in support of the averment of abandonment do not strengthen it. But there is a distinct averment of an actual abandonment of any intention to use the land for any public purpose. This we think was a sufficiently well pleaded abandonment to put the city to a defense. The order…
2Cited by4 opinions
- Haller Baking Company's AppealSupreme Court of Pennsylvania · 1928
- Upper Darby Township AppealSupreme Court of Pennsylvania · 1958
- Smith v. Board of Zoning AppealsCommonwealth Court of Pennsylvania · 1983
- Marple Township v. Tarquinio, Pennsylvania Court of Common Pleas, Delaware County1951