In re Opening of Brooklyn Street
Supreme Court of Pennsylvania
CERTIORARI TO THE COURT OF QUARTER SESSIONS OF PHILADELPHIA COUNTY. No. 41 July Term 1887, Sup. Ct.; court below, No. December Term 1883, Q. S. On October 26,1883, upon the petition of John H. Goldbeck and R. A. Wilkinson representing that Brooklyn street, from Myrtle street to Hutton street, was upon the confirmed plans of the city of Philadelphia, that the state of the . improvements in the neighborhood was such as to require the opening of said street, and praying for the…
Read the full summary
CERTIORARI TO THE COURT OF QUARTER SESSIONS OF PHILADELPHIA COUNTY. No. 41 July Term 1887, Sup. Ct.; court below, No. December Term 1883, Q. S. On October 26,1883, upon the petition of John H. Goldbeck and R. A. Wilkinson representing that Brooklyn street, from Myrtle street to Hutton street, was upon the confirmed plans of the city of Philadelphia, that the state of the . improvements in the neighborhood was such as to require the opening of said street, and praying for the appointment of a jury of view, jurors were duly appointed, who on February 14,1884, filed a report showing due proof of…
1Opinion of the Court
Opinion,
Me. Justice Geeen :
The first four assignments of error are disposed of by the decision of this court in the case of Magnolia Avenue, 117 Pa. 56, and they are therefore sustained.
The question raised by the remaining assignments is one of dedication. Does one who, in making a deed of his land, refers as a boundary to a street laid out but not opened, thereby dedicate so much of his land as lies within the street limits to the public, and thus deprive himself of a right to compensation when his land is actually taken ?
If the question were one between a grantor and grantee, and involved a…
2Cases cited5 opinions
- In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886
- Forbes StreetSupreme Court of Pennsylvania · 1872
- Bellinger v. Union Burial-Ground SocietySupreme Court of Pennsylvania · 1848
- In the Opening of Magnolia AvenueSupreme Court of Pennsylvania · 1887
- Borough of Easton v. RinekSupreme Court of Pennsylvania · 1887
3Cited by21 opinions
- Stoever v. GowenSupreme Court of Pennsylvania · 1924
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Carroll v. AsburySuperior Court of Pennsylvania · 1905
- Tesson v. Porter Co.Supreme Court of Pennsylvania · 1913
- Neely v. PhiladelphiaSupreme Court of Pennsylvania · 1905
16 more not listed; retrieve them via the Exa API.