Paul v. Carver
Supreme Court of Pennsylvania
Appeal by James W. Paul from the decree of tbe Common Pleas, Philadelphia, in equity, under a bill of Alexander B. Carver, against Bobert Selfridge and James W. Paul, praying that they might he restrained from obstructing or Continuing to obstruct an alleged street or highway, by erections thereon.
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Appeal by James W. Paul from the decree of tbe Common Pleas, Philadelphia, in equity, under a bill of Alexander B. Carver, against Bobert Selfridge and James W. Paul, praying that they might he restrained from obstructing or Continuing to obstruct an alleged street or highway, by erections thereon. The premises in dispute consisted of about 25 feet 3-|- inches of ground, being formerly the northern half of old Tidmarsh street, lying between 12th and 13th streets, and between Carpenter and Christian streets, in the district of Moyamensing. John Lownes, being the owner of a large piece of land…
1Opinion of the Court
The opinion of the Court was delivered by
Black, J.
The owner of certain land in Moyamensing directed, in his will devising it, that a fifty foot street should be laid out through a part of it, either by his heirs or the public. It was afterwards laid out by the public and called Tidmarsh street. A subsequent Act of the. legislature vacated'Tidmarsh street, and the defendants, who are owners of lots adjoining it, claim the right to build upon and occupy the soil ad medium filum vice. The plaintiff asserts that this is an injury to him, because his property cannot be conveniently reached unless…
2Cited by27 opinions
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- State v. HoblittMontana Supreme Court · 1930
- First National Bank v. PaffSupreme Court of Pennsylvania · 1913
- Heil v. Allegheny CountySupreme Court of Pennsylvania · 1938
- First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
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