Haley v. City of Philadelphia
Supreme Court of Pennsylvania
February 28th and March 1st 1871. Before Thompson, C. J., Agnew, Sharswood and Wilriams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 223, to January Term 1871. This was an action of debt, brought September 30th 1869, by Sarah J. Haley and Mortimer O’Oonnor and Susan E. his wife against the City of Philadelphia. The suit was upon the award of a jury assessing damages for property of the plaintiffs taken for the Park.
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February 28th and March 1st 1871. Before Thompson, C. J., Agnew, Sharswood and Wilriams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 223, to January Term 1871. This was an action of debt, brought September 30th 1869, by Sarah J. Haley and Mortimer O’Oonnor and Susan E. his wife against the City of Philadelphia. The suit was upon the award of a jury assessing damages for property of the plaintiffs taken for the Park. By the Act of March 26th 1867, Pamph. L. 547, a plot of ground in Philadelphia, including plaintiffs’ property, was appropriated for á Park and…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It was undoubtedly competent for the legislature, in providing for the ascertainment and payment of damages for property taken and appropriated for public use, as in this case of the Eairmount Park, to direct at what time the amount should be payable, and a jury in assessing the damages must govern itself accordingly. It might be a more just provision to direct in every case interest from the date of the assessment. We must look to and be .governed by the law as it stood at the time when the jury made the assessment. The 10th section of…
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