Shaaber v. Reading City
Supreme Court of Pennsylvania
Appeal, No. 166, Jan. T., 1892, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1890, No. 88, on verdict for defendant. Appeal from report of viewers assessing damages for opening street, on petition of councils. The facts as they appeared at the trial before Ermentrout, P. J., are chiefly stated in the opinion of the Supreme Court.
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Appeal, No. 166, Jan. T., 1892, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1890, No. 88, on verdict for defendant. Appeal from report of viewers assessing damages for opening street, on petition of councils. The facts as they appeared at the trial before Ermentrout, P. J., are chiefly stated in the opinion of the Supreme Court. The habendum and tenendum clause of the lease contained the following: “ To deliver up peaceable possession of the demised premises to the party of the first part, at any time after the first day of November, 1888, upon receiving three months’ written…
1Opinion of the Court
Opinion by
Mb, Justice Gbeen,
The very grave difficulty in the way of appellant’s recovery is that he has no interest or right for which damages can be allowed. The street on which his building was erected was established and laid out by the proper authorities in 1868 in accordance with the provisions of the municipal charter. It was not until the year 1878 that he leased the ground and erected his building and when he did so he was subject to the operation of the 44th section of the Act of April 26, 1864, re*407vising the charter of the city, which provides as follows: “ And if any owner or owners…
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- Petry v. City & County of DenverSupreme Court of Colorado · 1951
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