O'Brien v. Phila.
Supreme Court of Pennsylvania
Appeal, No. 355, Jan. T., 1892, by defendant, from judgment of O. P. No. 1, Phila. Co., March T., 1891, No. 971, on verdict for plaintiff. Trespass for change of grade of street. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) entering judgment for plaintiff, and (2) not entering judgment for defendant on the point reserved.
1Opinion of the Court
Opinion by
Mr. Justice Sterbett,
For many years prior to commencement of this suit, plaintiff owned a house and lot fronting on Haines street between Stenton avenue and Limekiln pike, now in the 22d ward of Philadelphia. Prior to 1761, what is now Haines street was an old road. In that year a jury of view, appointed by the court of quarter sessions, reported said road, with courses, etc., but without any fixed grade, as a public highway, and in September of same year their report was duly confirmed by said court. Subsequently the natural surface of the land, on which the road was located, was…
2Cases cited7 opinions
- O'Connor v. PittsburghSupreme Court of Pennsylvania · 1851
- Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
- Ogden v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
- Borough of New Brighton v. United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
- Pusey v. City of AlleghenySupreme Court of Pennsylvania · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
- City of San Antonio v. MullalyCourt of Appeals of Texas · 1895
- City of Meridian v. HigginsMississippi Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.