Legal Opinion

Roberts v. Philadelphia

Supreme Court of Pennsylvania

Decided February 24, 1913No. Appeal, No. 372PublishedCited by 16 opinions

Appeal, No. 372, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 3919, on verdict for plaintiff in case of Jesse W. Roberts v. City of Philadelphia. Appeal from award of jury of view assessing damages to a property owner caused by the widening and change of grade of a city street. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 372, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 3919, on verdict for plaintiff in case of Jesse W. Roberts v. City of Philadelphia. Appeal from award of jury of view assessing damages to a property owner caused by the widening and change of grade of a city street. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. The jury rendered a verdict in favor of the plaintiff for $4,065.00, upon which judgment was subsequently entered. Plaintiff appealed. Errors assigned were various…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

This case .does not present a single fact which differentiates it from the general class to which it properly belongs, and yet it will be found most exceptional with respect to the result reached. It was an appeal from the award of a jury of view in a condemnation proceeding, and the only question to be determined was the amount of damage the owner was entitled to recover. In widening and regrading Castor avenue the city had appropriated between two and three acres of plaintiff’s land, and it was claimed that incidentally the market value of the remainder of the…

2Cases cited4 opinions

  1. Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
  2. Flower v. BaltimoreSupreme Court of Pennsylvania · 1890
  3. Pittsburg, Virginia & Charleston Railroad v. RoseSupreme Court of Pennsylvania · 1873
  4. VanHorn v. Munnell, Pennsylvania Court of Common Pleas, Lawrence County1891

3Cited by16 opinions

  1. Lobozzo v. Adam Eidemiller, Inc.Supreme Court of Pennsylvania · 1970
  2. McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
  3. Harton's EstateSupreme Court of Pennsylvania · 1938
  4. Morrissey v. Department of HighwaysSupreme Court of Pennsylvania · 1967
  5. Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915

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