Legal Opinion

Gamble v. Philadelphia

Supreme Court of Pennsylvania

Decided July 11, 1894No. Appeal, No. 94PublishedCited by 15 opinions

Appeal, No. 94, Jan. T., 1894, by plaintiff, from judgment of C. P. No. 3, Pliila. Co., Dec. T., 1890, No. 258, on verdict for defendant. Appeal from report of road jury. At the trial, before Reed, J., it appeared that, in 1851, plaintiff purchased a lot of ground containing nearly two acres. In 1853, Seymour street was projected across the center of plaintiff’s lot, and placed on the city plan.

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Appeal, No. 94, Jan. T., 1894, by plaintiff, from judgment of C. P. No. 3, Pliila. Co., Dec. T., 1890, No. 258, on verdict for defendant. Appeal from report of road jury. At the trial, before Reed, J., it appeared that, in 1851, plaintiff purchased a lot of ground containing nearly two acres. In 1853, Seymour street was projected across the center of plaintiff’s lot, and placed on the city plan. The street was not opened, however, until December, 1890. In 1861 plaintiff sold to one Edward Royal all that portion of his lot lying south of the plotted street, and in making his deed of the land…

1Opinion of the Court

Opinion by

Mr. Justice Gbeen,

It seems to us this case was tried in accordance with our rulings in Brooklyn Street, 118 Pa. 640, and Whitaker v. Phœnixville Boro., 141 Pa. 327. The learned court below very carefully instructed the jury as to the right of the plaintiff to have damages under those decisions. Undoubtedly the plaintiff’s right as to the use of the ground lying in the bed of Seymour street, was affected by his conveyances to Mintzer and Royal. Certainly whenever Seymour street was opened the plaintiff could do nothing to obstruct the use of that street by his grantees. Beyond all…

2Cases cited2 opinions

  1. Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
  2. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888

3Cited by15 opinions

  1. Carroll v. AsburySuperior Court of Pennsylvania · 1905
  2. Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
  3. South Twelfth StreetSupreme Court of Pennsylvania · 1907
  4. Hawkes v. PhiladelphiaSupreme Court of Pennsylvania · 1919
  5. Commonwealth v. LlewellynSuperior Court of Pennsylvania · 1900

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