Legal Opinion

City of Philadelphia v. Ward

Supreme Court of Pennsylvania

Decided March 2, 1896No. Appeal, No. 109PublishedCited by 10 opinions

Appeal, No. 109, Jan. T., 1895, by defendant, from judgment of O. P. No. 3, Philadelphia Co., July T., 1891, No. 658, on verdict for plaintiff. Sterrett, C. J., dissents. Amicable action of ejectment for a triangular piece of land at the end of the South street bridge in the city of Philadelphia. Before Finletter, P. J. The facts appear by the opinion of the Supreme Court. The land claimed appears by the dotted lines in the following diagram.

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Appeal, No. 109, Jan. T., 1895, by defendant, from judgment of O. P. No. 3, Philadelphia Co., July T., 1891, No. 658, on verdict for plaintiff. Sterrett, C. J., dissents. Amicable action of ejectment for a triangular piece of land at the end of the South street bridge in the city of Philadelphia. Before Finletter, P. J. The facts appear by the opinion of the Supreme Court. The land claimed appears by the dotted lines in the following diagram. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was above instruction.

1Opinion of the Court

Opinion by

Mr. Justice Green,

The land for the possession of which this action of ejectment was brought, is land which was taken by the city for the purpose of erecting a free bridge over the river Schuylkill at South street. The land was taken and the bridge was built, under the authority conferred by an act of assembly passed April 28, 1870, P. L. 1289. It consists of two sections and is a further supplement to the original act authorizing the structure passed' May 16, 1861. By a prior supplement passed April 5, 1866, P. L. 528, it was directed that the bridge should be built by a commission…

2Cases cited6 opinions

  1. Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
  2. Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
  3. Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
  4. Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
  5. Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879

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3Cited by10 opinions

  1. City of Newark v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1951
  2. Schenck v. PittsburghSupreme Court of Pennsylvania · 1950
  3. Barnes Foundation v. KeelySupreme Court of Pennsylvania · 1933
  4. Citizens Electric Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1921
  5. United States v. O'NeillDistrict Court, D. Colorado · 1912

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