Sower v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by John R. Sower against The City of Philadelphia, for an injunction to restrain the defendants from opening Wilson street, from Haines street to Mill street, in the twenty-second ward of the city of Philadelphia, through the lands of the complainant, until the damages sustained by him, by reason of the opening of the said street, should be paid or secured to be paid according to law.
Read the full summary
Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by John R. Sower against The City of Philadelphia, for an injunction to restrain the defendants from opening Wilson street, from Haines street to Mill street, in the twenty-second ward of the city of Philadelphia, through the lands of the complainant, until the damages sustained by him, by reason of the opening of the said street, should be paid or secured to be paid according to law. The facts of the ease are stated in the opinion of the court. The court below granted the injunction as prayed for in the bill,…
1Opinion of the Court
*233The opinion of the court was delivered by
Read, J.
— By the act authorizing a survey of the Borough of Germantown, passed the 7th April 1849, the burgess' and town council were required to appoint one or more surveyors to survey and mark the lines of all the streets, roads, lanes, courts, and *234alleys now open, or intended to be opened, for public use within the said borough; and also to survey and lay out such other new streets, roads, lanes, courts, and alleys, and common sewers within the said borough as he or they shall deem necessary for a regular and convenient town plan. Two drafts or…
2Cited by3 opinions
- Schenck v. BurgessSupreme Court of Pennsylvania · 1897
- Grier v. Borough of HomesteadSuperior Court of Pennsylvania · 1898
- Ehlers v. PhiladelphiaSupreme Court of Pennsylvania · 1912