Philadelphia & Reading Terminal Railroad Co.'s Appeal
Superior Court of Pennsylvania
Appeal, No. 18, Nov. T., 1895, by tbe Philadelphia & Reading Terminal Railroad Company, from judgment of Q. S. Phila. Co. The proceedings were initiated under the ordinance of July 14, 1891. It provided, inter alia, for the striking from the city plan of that part of Melon street between the west line of Ninth street and a point one hundred and thirty-two feet, one and one half inches west thereof, on the south'side of Melon street, and one hundred and twenty-two feet six…
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Appeal, No. 18, Nov. T., 1895, by tbe Philadelphia & Reading Terminal Railroad Company, from judgment of Q. S. Phila. Co. The proceedings were initiated under the ordinance of July 14, 1891. It provided, inter alia, for the striking from the city plan of that part of Melon street between the west line of Ninth street and a point one hundred and thirty-two feet, one and one half inches west thereof, on the south'side of Melon street, and one hundred and twenty-two feet six and three quarter inches west thereof, on the north side of Melon street. The petitioner, Sarah Ann Eddowes is the owner…
1Dissent 1
Opinion by
2Dissent · RiceRice, P. J.
The appellant’s counsel contend that there cannot be any recovery by the claimants, because none of them was the owner of property within that part of Melon street which was vacated. They do not claim that they were not damaged—and in the face of the report of viewers, unappealed from, cannot do so— but do contend that there must be not only damage, but injury in the legal sense must exist.
To this latter proposition, I give my unqualified assent, but I am not prepared to concede that the loss which the claimants have sustained in consequence of the closing up of Ninth street and the…
3Cases cited17 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Kentucky Club v. City of LouisvilleCourt of Appeals of Kentucky · 1891
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