Legal Opinion

Brower v. City of Philadelphia

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 18, 1891No. 139PublishedCited by 10 opinions

No. 139 January Term 1891, Sup. Ct.; court below, No. 790 December Term 1888, C. P. No. 2. On September 1, 1888, Bloomfield Brower, and others, trustees under the will of Edwin Greble, filed a petition in the Court of Quarter Sessions praying for the assessment of damages for the appropriation of five feet of a certain lot of ground, in the widening of Chestnut street.

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No. 139 January Term 1891, Sup. Ct.; court below, No. 790 December Term 1888, C. P. No. 2. On September 1, 1888, Bloomfield Brower, and others, trustees under the will of Edwin Greble, filed a petition in the Court of Quarter Sessions praying for the assessment of damages for the appropriation of five feet of a certain lot of ground, in the widening of Chestnut street. On January 10, 1889, the plaintiffs filed in the Court of Common Pleas No. 2 an appeal from the award of viewers appointed in said proceeding, and thereupon an issue was framed to determine the damages, if any, due to the…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

The lines of Chestnut street in Philadelphia had been settled for many years prior to 1870, and the occupancy by the *355lotowners and by tlie public liad conformed to them. In that year, the legislature had increased the width of the street from fifty to fifty-five feet, by carrying the south line five feet over on the lotowners, with a proviso that the new line should not disturb existing buildings. Nothing was done by the city to carry this act into effect until 1884, when an ordinance was passed extending the width of Chestnut street to sixty feet, and directing…

2Cases cited4 opinions

  1. Smedley v. ErwinSupreme Court of Pennsylvania · 1866
  2. Volkmar Street, PhiladelphiaSupreme Court of Pennsylvania · 1889
  3. Hannum v. Borough of West ChesterSupreme Court of Pennsylvania · 1870
  4. Widening of Chestnut StreetSupreme Court of Pennsylvania · 1888

3Cited by10 opinions

  1. Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
  2. Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
  3. Ogden v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
  4. May v. the Co. of WestmorelandSuperior Court of Pennsylvania · 1929
  5. Griffin v. City of New CastleSuperior Court of Pennsylvania · 1926

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