Broad Street Widening
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1908, by the City of Philadelphia, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 4,735, dismissing exceptions to report of referee In re Widening of Broad Street from Moyamensing Avenue to Government Avenue. Exceptions to report of Henry F. Walton, Esq., referee.
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Appeal, No. 350, Jan. T., 1908, by the City of Philadelphia, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 4,735, dismissing exceptions to report of referee In re Widening of Broad Street from Moyamensing Avenue to Government Avenue. Exceptions to report of Henry F. Walton, Esq., referee. Before Brégy, J. The exceptions amongst other's were as follows: 29. Because the referee erred in not considering the difference between the owner’s participation in the general public benefit and his enjoyment of such particular and local benefit as abutting property receives, in addition to the…
1Opinion of the Court
Opinion by
Mr.- Justice Elkin,
The appellee is the owner of a tract of what is known as meadow land located in the southern section of the city near the Delaware river containing a little over nine acres. In order to provide for the growth, development and improvement of that section the city by ordinance provided for the widening and elevation of Broad street, for the laying out of a public park, and for the construction of a sewer system to drain the territory. The property involved in this proceeding is three feet below city datum which means three feet lower than extreme high tide and one…
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