Legal Opinion

In re Grape Street

Supreme Court of Pennsylvania

Decided April 16, 1883No. 225PublishedCited by 13 opinions

Certiorari io the Court of Quarter Sessions of Philadelpida county: Of January Term 1883, No. 225. Upon the petition of Mary Robinson and others, filed April 2d 1881, the court appointed a jury of view to report oil the petitioners’ claim for damages caused by “ the alteration of the regulations and revision and actual establishment” of the grade on Grape street, made by virtue of an ordinance of councils of the city of Philadelphia.

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Certiorari io the Court of Quarter Sessions of Philadelpida county: Of January Term 1883, No. 225. Upon the petition of Mary Robinson and others, filed April 2d 1881, the court appointed a jury of view to report oil the petitioners’ claim for damages caused by “ the alteration of the regulations and revision and actual establishment” of the grade on Grape street, made by virtue of an ordinance of councils of the city of Philadelphia. By paper filed it was admitted that the date of confirmation of the said change of grade regulation was April 19th 1875. The jury of view, by their supplemental…

1Opinion of the CourtJustice Gokdon

Were this'case to be determined under the road laws which were of force prior to the adoption of the constitution of 1874, *123we might be compelled, under the rulings found in the Ridge Avenue Case, 3 Out. 469, and the City v. Wright, 4 Out. 235, to reverse the court below. But it is not to be so determined, but under, and by, that Constitution. The plan changing the grade of Grape street was confirmed by the board of survey on the 19th of April 1875, and the proceedings to assess damages were commenced on the 2d of April 1881; this is within six years of the date of approval. Laying aside,…

2Cited by13 opinions

  1. Zauflik, A., Aplt. v. Pennsbury School DistrictSupreme Court of Pennsylvania · 2014
  2. Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
  3. Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
  4. Butler StreetSuperior Court of Pennsylvania · 1904
  5. Gorges v. Greater Adelphi Building & Loan Ass'nSupreme Court of Pennsylvania · 1936

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