County of Chester v. Brower
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 92 January Term 1886, Sup. Ct.; court below, No. 82 April Term 1884, C. P. In the court below, Irwin J. Brower brought an action on the case against the county of Chester, to recover damages to his property alleged to .have been caused by the erection of a county bridge on the line of'Gay street, in Phosnixville. The defendant pleaded, not guilty.
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ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 92 January Term 1886, Sup. Ct.; court below, No. 82 April Term 1884, C. P. In the court below, Irwin J. Brower brought an action on the case against the county of Chester, to recover damages to his property alleged to .have been caused by the erection of a county bridge on the line of'Gay street, in Phosnixville. The defendant pleaded, not guilty. Gay street is a regularly established and traveled street in the borough of Phoenixville, laid out by juries appointed by the Court of Quarter Sessions in 1865 and 1872, the damages for…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
There was no taking of the property of the plaintiff below by the county of Chester, for the purpose of constructing the bridge on Gay street over the French creek, in the borough of Phcenix ville. The claim was for consequential damages caused by the erection of the abutments of the bridge some fourteen feet above the grade of the street in front of the plaintiff’s house. It follows that under the law as it stood at and prior to the adoption of the constitution he would have been without remedy: Struthers v. Dunkirk R. Co., 87 Pa. 282, and cases there cited. The…
2Cases cited4 opinions
- O'Connor v. PittsburghSupreme Court of Pennsylvania · 1851
- Leonard v. Commonwealth ex rel. CassidySupreme Court of Pennsylvania · 1886
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
- Struthers v. Dunkirk, Warren & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1878
3Cited by50 opinions
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- Delaware River Joint Toll Bridge Commission v. ColburnSupreme Court of the United States · 1940
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Soldiers and Sailors Memorial BridgeSupreme Court of Pennsylvania · 1932
- Anselmo v. CoxSupreme Court of Connecticut · 1948
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