Legal Opinion

Mayor of Pittsburgh v. Scott

Supreme Court of Pennsylvania

Decided September 15, 1845PublishedCited by 17 opinions

In Error. Error to the District Court of Alleghany county. This was an action on the case brought by the mayor, aldermen, and citizens of Pittsburgh, against Thomas Scott, to recover damages for obstructing Duquesne Way, and the landing on the Alleghany river. The declaration contained three counts.

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In Error. Error to the District Court of Alleghany county. This was an action on the case brought by the mayor, aldermen, and citizens of Pittsburgh, against Thomas Scott, to recover damages for obstructing Duquesne Way, and the landing on the Alleghany river. The declaration contained three counts. The first count alleged in substance, that « there then was, and from thence hitherto has been, and still ought to be, a certain common and public street, or highway, in the city of Pittsburgh, called and known as < Duquesne Way,’ in and through said city, then and there situate and being in the…

1Opinion of the Court

*314The-.'opinion of the court Was delivered by

Rogers, J.

It is an admitted principle, that the right of eminent*• domain oriiinherent sovereign'power]-'.'gives .tire'.llegiMatQ.reiithe-’Cqntrol'*of private, property for- public -use.-; ¡For the-uigHt'.of-property,-¡in' every-* Well-regulated community, is-subservient.tóíthé general.welfare!' This right is ¡explicitly, recognised in the Constitution of Pennsylvania, art. 9, sec. 10, with -most: important and salutary-restrictions; ■ Ih that article it: is .declared that-no: man’s-property'shall be-taken or applied to pub-lie usefwithout.themonsenf…

2Cases cited4 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Alexander v. KerrSupreme Court of Pennsylvania · 1828
  4. Hughes v. HeiserSupreme Court of Pennsylvania · 1808

3Cited by17 opinions

  1. Best v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1958
  2. Bishop v. MahikoHawaii Supreme Court · 1940
  3. Jones v. BrightSupreme Court of Alabama · 1903
  4. John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945
  5. Philadelphia, Morton & Swarthmore Street RailwayCo.'s PetitionSupreme Court of Pennsylvania · 1902

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