City of Philadelphia v. Linnard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1881, No. 14. This was, in the court below, an appeal by Emily L. Linnard from the award of a jury of viewers appointed by the Court of Quarter Sessions to view the premises No. 1312 Chestnut street, and to assess the damages occasioned by the widening of Chestnut street opposite the said premises.
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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1881, No. 14. This was, in the court below, an appeal by Emily L. Linnard from the award of a jury of viewers appointed by the Court of Quarter Sessions to view the premises No. 1312 Chestnut street, and to assess the damages occasioned by the widening of Chestnut street opposite the said premises. By agreement filed, the case was submitted to the decision of a referee, C. Stuart Patterson, Esq., under the provisions of the Act of May 14th 1874, Purd. Dig. 1940, who found the facts substantially as follows:…
1Opinion of the CourtJustice Trunkey
In such case as this the rule for measurement of damages is settled by a uniform current of decisions, taking its rise in Schuylkill Navigation Co. v. Thoburn, 7 S. & R. 410. The damage is to be estimated as of the date when the injury was complete, and the land-owner had a right to receive compensation ; the property to be valued without reference to the owner, or the actual state of his business; the true measure of damages being the difference between the market value of the land as affected by the taking of part for the street, and such value as unaffected. What would Mrs. Linnard’s land…
2Cases cited2 opinions
- Newville Road CaseSupreme Court of Pennsylvania · 1839
- Scott v. ScottOhio Supreme Court · 1833
3Cited by13 opinions
- Gorieb v. FoxSupreme Court of Virginia · 1926
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Caplan's AppealSupreme Court of Pennsylvania · 1928
- Vollmer v. PhiladelphiaSupreme Court of Pennsylvania · 1944
- Devlin v. PhiladelphiaSupreme Court of Pennsylvania · 1903
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