Pennsylvania Hospital v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 155, Jan. T., 1916, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., Dec. T., 1915, No. 2883, in equity, dismissing bill in equity for injunction in case of the Contributors to the Pennsylvania Hospital v. City of Philadelphia, Thomas B. Smith, Mayor; George E. Datesman, Director of the Department of Public Works, and William H. Connell, Chief of the Bureau of Highways of the said city.
Read the full summary
Appeal, No. 155, Jan. T., 1916, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., Dec. T., 1915, No. 2883, in equity, dismissing bill in equity for injunction in case of the Contributors to the Pennsylvania Hospital v. City of Philadelphia, Thomas B. Smith, Mayor; George E. Datesman, Director of the Department of Public Works, and William H. Connell, Chief of the Bureau of Highways of the said city. Bill in equity for injunction to restrain defendant from opening 44th street through the grounds of the Pennsylvania Hospital in the City of Philadelphia. The Act of April 17,1854, P. L.…
1Opinion of the Court
Pee Curiam,
Conceding that the Act of April 17, 1854, P. L. 385, became a contract on the part of the State with the contributors to the Pennsylvania Hospital, it must yield to the demand of the sovereign, “for all persons hold their property subject to the requisitions for the public service”: In re. Twenty-second Street, 102 Pa. 108; and “one legislature cannot grant away the State’s right of eminent domain so as to bind future legislatures”: Commonwealth v. Broad St. Rapid Transit St. Ry. Co., 219 Pa. 11. In dismissing appellant’s bill, the learned chan*396cellor below but followed the…
2Cases cited6 opinions
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- City of Cincinnati v. Louisville & Nashville RailroadSupreme Court of the United States · 1912
- Offield v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1906
- Commonwealth v. Broad Street Rapid Transit Street Railway Co.Supreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Titusville Amusement Co. v. Titusville Iron Works Co.Supreme Court of Pennsylvania · 1926
- Penn Builders, Inc. v. Blair CountySupreme Court of Pennsylvania · 1930
- Hermann v. North Pennsylvania RailroadSupreme Court of Pennsylvania · 1921
- City of Moberly v. HoganSupreme Court of Missouri · 1927