Hare v. Rice
Pennsylvania Court of Common Pleas, Philadelphia County
No. 22 January Term 1891, Sup. Ct.; court below, No. 307 June Term 1889, C. P. No. 4. On July 27, 1889, William Rice and others, trading as Rice, Bean & Co., filed an appeal from the award of a jury of view ascertaining the damages to the property of John Hare caused by the vacation of Howard street, and assessing the same upon said Rice, Bean & Co., as the owners of property benefited by said vacation: See Howard St., ante, 601. With the appeal was filed the affidavit…
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No. 22 January Term 1891, Sup. Ct.; court below, No. 307 June Term 1889, C. P. No. 4. On July 27, 1889, William Rice and others, trading as Rice, Bean & Co., filed an appeal from the award of a jury of view ascertaining the damages to the property of John Hare caused by the vacation of Howard street, and assessing the same upon said Rice, Bean & Co., as the owners of property benefited by said vacation: See Howard St., ante, 601. With the appeal was filed the affidavit required by § 2, act of June 13, 1874, P. L. 283. On September 7, 1889, on motion in behalf of John Hare, a rule was granted…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
This case involves the consideration of the act of April 21, 1858, § 6, P. L. 386, and is practically ruled by the views expressed in Howard St., ante, 601, opinion filed herewith. It was there shown that damages arising from the vacation of streets in the city of Philadelphia, were written into the general system of what are comprehensively called road damages by the act of 1858, and the proceedings assimilated to those in cases of opening or widening streets, although neither the act itself, nor any previous act so far as shown, contains any express provision…
2Cases cited1 opinion
- McGee's AppealSupreme Court of Pennsylvania · 1887
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