Gowen v. Philadelphia Exchange Co.
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, where a nonsuit had been ordered against the plaintiff on the trial, in an action on the case brought by James Gowen against The Philadelphia Exchange Company, for obstructing the plaintiff’s passage to and from his house into the highway, by erecting a wall against the door of the plaintiff’s house.
Read the full summary
ERROR to the District Court for the city and county of Philadelphia, where a nonsuit had been ordered against the plaintiff on the trial, in an action on the case brought by James Gowen against The Philadelphia Exchange Company, for obstructing the plaintiff’s passage to and from his house into the highway, by erecting a wall against the door of the plaintiff’s house. The plaintiff was the owner of a three-story brick house and lot situated at the corner of Third and Dock streets, in the city of Philadelphia, 27 feet 6 inches in front on Third street, (its western boundary), and extending…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though the anomalous doctrine of dedication to public use, or, more properly, of a grant to the public without the intervention of a trustee, began so late as 1732, it is of still more modern growth. The fii’st trace of it is found in Rex v. Hudson, (2 Stra. 909), decided in that year; and the next in Lade v. Shepherd, (id. 1004), which was decided three years afterwards. It was then suffered to sleep till 1790, when it was awakened by The Trustees of the Rugby Charity v. Merryweather, (11 East 375, note), and for the last thirty years it…
2Cases cited1 opinion
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
3Cited by23 opinions
- Milliken v. Denny.Supreme Court of North Carolina · 1906
- White v. BradleySupreme Judicial Court of Maine · 1876
- Griffin's AppealSupreme Court of Pennsylvania · 1885
- Maier v. Walborn HighSuperior Court of Pennsylvania · 1924
- Peterson v. Marianna BoroughSupreme Court of Pennsylvania · 1933
18 more not listed; retrieve them via the Exa API.