Change of Grade in Plan 166
Supreme Court of Pennsylvania
Nos. 318, 319, 304, 223, 224 January Term 1891, Sup. Ct. Plan 166. On June 10, 1886, C. H. Clark filed in the court below a petition averring that, on November 2, 1885, by virtue of an ordinance approved June 23, 1884, certain changes in grade on Plan 166 of the city of Philadelphia were confirmed by the board of surveys, and praying for the appointment of a jury to ascertain the damages resulting from such changes to certain real estate of the petitioner situated within the…
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Nos. 318, 319, 304, 223, 224 January Term 1891, Sup. Ct. Plan 166. On June 10, 1886, C. H. Clark filed in the court below a petition averring that, on November 2, 1885, by virtue of an ordinance approved June 23, 1884, certain changes in grade on Plan 166 of the city of Philadelphia were confirmed by the board of surveys, and praying for the appointment of a jury to ascertain the damages resulting from such changes to certain real estate of the petitioner situated within the limits covered by said plan. Subsequently, Mr. IS. Spencer Miller, assistant city solicitor, obtained a rule upon the…
1Opinion of the Court
Plan 166.
Opinion,
Mr. Justice Mitchell:
The ruling question in these appeals is the applicability of the proviso of § 27 of the consolidation act of February 2, 1854, P. L. 37, which gives a right to damages for change of grade regulations. To determine this question property we must consider the condition of circumstances and the law existing at the passage of the act.
The city of Philadelphia, as laid out and chartered by Pehn, had undergone no change of corporate boundaries for more than a century and a half. As population had grown, adjoining districts and boroughs had been incorporated from…
2Cases cited10 opinions
- O'Connor v. PittsburghSupreme Court of Pennsylvania · 1851
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
- Volkmar Street, PhiladelphiaSupreme Court of Pennsylvania · 1889
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- In re Grape StreetSupreme Court of Pennsylvania · 1883
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3Cited by25 opinions
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- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Caplan's AppealSupreme Court of Pennsylvania · 1928
- Jamison v. Cumberland CountySupreme Court of Pennsylvania · 1912
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