Legal Opinion

Ferree v. Sixth Ward School District of Allegheny

Supreme Court of Pennsylvania

Decided November 18, 1872PublishedCited by 2 opinions

Certiorari to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 60. The proceedings in this case commenced July 1st 1871, by the petition of the School District of the 6th Ward, Allegheny City, in relation to a site for a school-house.

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Certiorari to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 60. The proceedings in this case commenced July 1st 1871, by the petition of the School District of the 6th Ward, Allegheny City, in relation to a site for a school-house. The petition set out: That said district is the owner of a lot of ground in the ward, bounded by, &c., and by a lot of ground owned by Frances J. Ferree, whereon the said board of directors are proceeding to erect a suitable building for a public school-house, but the said lot of ground so owned is insufficient for the…

1Opinion of the CourtJustice Agnew

In Brocket v. Ohio & Penna. R. R. Co., 2 Harris 241, it was held that the right of a railroad company to enter upon and appropriate land for the use of its road includes the right to remove a dwelling-house. The Act of 9th April 1867, Purdon by Brightly 1452, pl. 1, uses the word “ ground” in the first part of the section, as synonymous with land, the word used in all other parts of the section, as such land and said land. To confine the word land or *379ground to such only as is bare of buildings would render the act often inoperative in closely built towns and cities. We see no reasons…

2Cited by2 opinions

  1. McNair v. School District No. 1Montana Supreme Court · 1930
  2. Strine v. York CountySuperior Court of Pennsylvania · 1914

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