Patton v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 120, July T., 1895, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1894, No. 1613, on verdict for defendant. Appeal by the city of Philadelphia from an award of a road jury in favor of Thomas R. Patton. Before Gordon, J. At the trial it appeared that plaintiff owned property at Tioga ,and Emerald streets in the city of Philadelphia.
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Appeal, No. 120, July T., 1895, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1894, No. 1613, on verdict for defendant. Appeal by the city of Philadelphia from an award of a road jury in favor of Thomas R. Patton. Before Gordon, J. At the trial it appeared that plaintiff owned property at Tioga ,and Emerald streets in the city of Philadelphia. Prior to Mr. Patton’s purchase of the property a paper grade had been established by the city which nearly conformed to the land surface. In 1887, another grade regulation was adopted by the city at a much higher elevation, and in…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge at the trial gave the jury the correct rule for the estimation of damages, the difference between the value of the property before the taking and the value of what was left afterwards. But the evidence, especially on the latter point, was conflicting, the plaintiff’s witnesses testifying that the value was diminished and the city’s witnesses that it was increased. The jury had therefore to decide this question and they should have had all the information obtainable to enable them to form a correct judgment. Plaintiff claimed for land taken and…
2Cases cited2 opinions
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- Righter v. PhiladelphiaSupreme Court of Pennsylvania · 1894
3Cited by19 opinions
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- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
- Regina v. Monroe CountySupreme Court of Pennsylvania · 1935
- In Re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 79, Section W10Supreme Court of Pennsylvania · 2002
- Coons v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
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