In re the Opening of Wharton Street
Supreme Court of Pennsylvania
Appeal from the Quarter Sessions of Philadelphia. This was an appeal by the City of Philadelphia, from the decree of the Court of Quarter Sessions, in the matter of the proceedings to open Wharton street, from Eleventh to Thirteenth street. The whole case will be found in the opinion of this court.
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— This was a proceeding under the Road Lacv of 1836 (Purdon), to assess the damages claimed by James Magee, by reason of the opening of Wharton street through his land. The first jury awarded no damages, but the court set aside their report, and appointed new viewers, who awarded him $2000. The City excepted to the last report on the ground that the damages were excessive, but the court confirmed the report on condition that the petitioner remit $500, which he did the same day, and the assessment became absolute at $1500.
The single…
2Cases cited1 opinion
- Bachman's RoadSupreme Court of Pennsylvania · 1833
3Cited by3 opinions
- Benton Township RoadSuperior Court of Pennsylvania · 1909
- Walnut StreetSuperior Court of Pennsylvania · 1904
- Old Tacony RoadSuperior Court of Pennsylvania · 1907