Tucker & Frankford Streets
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1894, by Fayette R. Plumb, from order of C. P. No. 2, Phila. Co., March T., 1893, No. 538, setting aside report of viewers. Appeal from award of viewers. The facts appear by the opinion of the Supreme Court.' The following diagram shows the situation of the property: The viewers awarded Plumb $9,750 damages.
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Appeal, No. 59, Jan. T., 1894, by Fayette R. Plumb, from order of C. P. No. 2, Phila. Co., March T., 1893, No. 538, setting aside report of viewers. Appeal from award of viewers. The facts appear by the opinion of the Supreme Court.' The following diagram shows the situation of the property: The viewers awarded Plumb $9,750 damages. The following exceptions among others were filed by the city: “ 6. Because the said Fayette R. Plumb claimed damages to his property by reason of the raising of the tracks of the Philadelphia and Trenton Railroad Company on Trenton avenue, and not as the immediate…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The damages awarded by the viewers were the direct consequence of work done by the Philadelphia and Trenton Railroad Company on its right of way adjoining the plaintiff’s property. It consisted of an elevation of the railroad tracks to a height which impaired his facilities for loading his goods on the cars. He claims that the city is liable to him for these damages on the ground that the act from which they resulted was necessitated by its change of the grade of Frankford street. It appears that, on the 29th of March, 1887, the councils, with the approval of…
2Cases cited1 opinion
- Mellor v. City of PhiladelphiaSupreme Court of Pennsylvania · 1894
3Cited by3 opinions
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Pittsburgh's PetitionSupreme Court of Pennsylvania · 1915
- Philadelphia Hardware v. PhiladelphiaSupreme Court of Pennsylvania · 1916