Vacation of Howard St.
Philadelphia County Court of Quarter Sessions
No. 229 January Term 1891, Sup. Ct.; court below, No. 6 January Term 1889, Q. S. On January 25, 1889, John Hare, Jane Hare and Henry Siegele presented their joint petition representing: That they were the owners of houses and lots on the northwesterly side of Howard street, northeast of Apple street, in the Twenty-first ward of Philadelphia; that by a decree of the Court of Quarter Sessions, made December 3, 1888, the said Howard street was vacated from the north side of…
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No. 229 January Term 1891, Sup. Ct.; court below, No. 6 January Term 1889, Q. S. On January 25, 1889, John Hare, Jane Hare and Henry Siegele presented their joint petition representing: That they were the owners of houses and lots on the northwesterly side of Howard street, northeast of Apple street, in the Twenty-first ward of Philadelphia; that by a decree of the Court of Quarter Sessions, made December 3, 1888, the said Howard street was vacated from the north side of Cresson street to the south side of Apple street; that said decree was made without the appointment of any jury of view,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell;
The most serious question presented by this appeal is the constitutionality of the provisions of the act of April 21, 1858, § 6, P. L. 386, which direct that the damages awarded to property owners for the vacation of a street shall be assessed upon the owners of properties benefited. It was held in Centre St., 115 Pa. 247, that the imposition of the assessed benefit upon the owner, instead of upon his land only, was within the discretion of the legislature, and that the act was not unconstitutional on that account. But it is argued in the present case that the…
2Cases cited3 opinions
- McGee's AppealSupreme Court of Pennsylvania · 1887
- Paul v. CarverSupreme Court of Pennsylvania · 1855
- In re Vacation of Centre StreetSupreme Court of Pennsylvania · 1887
3Cited by15 opinions
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Hedrick v. HarrisburgSupreme Court of Pennsylvania · 1923
- Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
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