Shaaber v. City of Reading
Pennsylvania Court of Common Pleas, Berks County
No. 304 January Term 1890, Sup. Ct.; court below, No. 482 Equity D. 1889, C. P. On October 7, 1889, Daniel Shaaber filed a bill in equity against the city of Reading, averring that in 1878 the plaintiff erected a large building on ground leased by him from the Philadelphia and Reading Railroad Company, and had since occupied and used the same for business purposes; that said building was situated wholly or in part within the lines of Fifth street as laid down upon the…
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No. 304 January Term 1890, Sup. Ct.; court below, No. 482 Equity D. 1889, C. P. On October 7, 1889, Daniel Shaaber filed a bill in equity against the city of Reading, averring that in 1878 the plaintiff erected a large building on ground leased by him from the Philadelphia and Reading Railroad Company, and had since occupied and used the same for business purposes; that said building was situated wholly or in part within the lines of Fifth street as laid down upon the topographical survey of the city, but that portion of said street had never been opened or used by the public; that said city…
1Opinion of the Court
Opinion,
Me. Justice Williams :
Under the acts of 1864 and 1868, relating to the city of Reading, the proceedings necessary to lay out and open streets were substantially the same as those in use throughout the rest of the state. The necessity for opening the street, and the damages sustained in consequence of such opening, were passed upon by the same board of viewers, who were appointed by, and reported to, the Court of Quarter Sessions. That court heard exceptions to their report, and confirmed it or set it aside; and, after final confirmation, issued its order authorizing and requiring the…
2Cases cited2 opinions
- Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
- In re Opening of Spring Street of ReadingSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- Spain's EstateSupreme Court of Pennsylvania · 1937
- Spain's EstateSupreme Court of Pennsylvania · 1937