Legal Opinion

Fitzell v. Philadelphia

Supreme Court of Pennsylvania

Decided March 6, 1905No. Appeal, No. 288PublishedCited by 16 opinions

Appeal, No. 288, Jan. T., 1903, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 791, dismissing exceptions to report of referee in case of Robert W. Fitzell and Joseph Fitzell v. Philadelphia. Exceptions to report of referee, James W. King, Esq. The facts appear by the opinion of the Supreme Court. The referee found that the plaintiffs had suffered no damages and he therefore assessed no benefits.

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Appeal, No. 288, Jan. T., 1903, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 791, dismissing exceptions to report of referee in case of Robert W. Fitzell and Joseph Fitzell v. Philadelphia. Exceptions to report of referee, James W. King, Esq. The facts appear by the opinion of the Supreme Court. The referee found that the plaintiffs had suffered no damages and he therefore assessed no benefits. Errors assigned were in dismissing exceptions to report of referee.

1Opinion of the Court

Opinion by

Mb. Justice Dean,

In 1832 Third street of Philadelphia was plotted on the city plan and confirmed by the court of quarter sessions as fifty feet wide. In one of the districts, now forming part of the consolidated city, it was placed on a borough plan as fifty feet wide. In 1860 and 1886 it was confirmed as of this width in the present plan of the city. In 1888 Robert W. and Joseph Fitzell, these plaintiffs, became the owners in fee of a tract of land along Third street from Ontario to Westmoreland street, subject to the easement, the street being then plotted as fifty feet wide. In…

2Cases cited8 opinions

  1. Cox v. FreedleySupreme Court of Pennsylvania · 1859
  2. Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
  3. Paul v. CarverSupreme Court of Pennsylvania · 1855
  4. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
  5. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888

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3Cited by16 opinions

  1. Greek v. WylieSupreme Court of Pennsylvania · 1920
  2. Philadelphia Steel Abrasive Co. v. Louis J. Gedicke SonsSupreme Court of Pennsylvania · 1941
  3. Neely v. PhiladelphiaSupreme Court of Pennsylvania · 1905
  4. Taylor v. GrossSuperior Court of Pennsylvania · 1961
  5. Walker Et Ux. v. WalkerSuperior Court of Pennsylvania · 1943

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