Penrose Ferry Avenue
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1904, by City of Philadelphia, from order of Q. S. Phila. Go., dismissing exceptions to report of jury of view in case of Yacation of Penrose Ferry Avenue from Curtin Street to Porter Street. Exceptions to report of jury of view.
Read the full summary
Appeal, No. 89, Oct. T., 1904, by City of Philadelphia, from order of Q. S. Phila. Go., dismissing exceptions to report of jury of view in case of Yacation of Penrose Ferry Avenue from Curtin Street to Porter Street. Exceptions to report of jury of view. Before Martin, P. J. From the record it appeared that pursuant to the directions of ordinances of councils of the city of Philadelphia, approved April 4,1894, and December 28,1895, the department of public works revised plans Nos. 202 and 203, by means of which revision Penrose Ferry avenue, from Porter street to Curtin street, was omitted…
1Opinion of the Court
Opinion by
Henderson, J.,
The question raised in this appeal was practically settled by the decisions in Howard Street, 142 Pa. 601, and Hare v. Rice, 142 Pa. 608; which were followed by Melon Street, 182 Pa. 897, and Morris v. Philadelphia, 199 Pa. 357. It was there held that while there was no constitutional obligation to pay damages resulting from vacating a street, it was within the power of the legislature to impose such burden on the commonwealth or its agents by statute, and that this had been effectually done by the 6th section of the Act of April 21, 1858, P. L. 385. By that act…
2Cases cited4 opinions
- Vacation of Howard St.Philadelphia County Court of Quarter Sessions · 1891
- Hare v. Rice, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Morris v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Upsal StreetSuperior Court of Pennsylvania · 1903
3Cited by1 opinion
- Umbria StreetSuperior Court of Pennsylvania · 1907