Ogontz Avenue
Supreme Court of Pennsylvania
Appeal, No. 303, Jan. T., 1908, by city of Philadelphia, from order of C. P. No. 5, Phila. Co., March T., 1905, No. 4,088, dismissing exceptions to report of referee In re Opening of Ogontz Avenue from Ruscomb Street to Chew Street. Exceptions to report of Louis Brégy, Esq., referee. The opinion of the Supreme Court states the case. Error assigned was in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question to be determined on this appeal is whether *129the owner of land which does not abut on a newly opened street is entitled to damages under the constitutional provision requiring compensation to be made for property taken, injured or destroyed, before there has been any physical change of grade on the ground or any actual injury to the property for which damages are claimed. It must be conceded that the right of a property owner to recover damages in the nature of compensation for land taken, injured or destroyed by the opening or widening of a public…
2Cases cited14 opinions
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Mellor v. City of PhiladelphiaSupreme Court of Pennsylvania · 1894
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3Cited by8 opinions
- Pane v. Department of HighwaysSupreme Court of Pennsylvania · 1966
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Erie City's AppealSupreme Court of Pennsylvania · 1929
- Dettra v. City of PhiladelphiaSupreme Court of Pennsylvania · 1914
- North Front StreetSuperior Court of Pennsylvania · 1913
3 more not listed; retrieve them via the Exa API.