Legal Opinion

Burgess of Birmingham v. Anderson

Supreme Court of Pennsylvania

Decided January 2, 1865No. 108PublishedCited by 17 opinions

Error to the District Court of Allegheny county. This was a proceeding in the court below, by Elizabeth Anderson against the authorities of the borough of Birmingham, to recover damages for appropriating, as a wharf or public landing on the Allegheny river, ground which she alleged to be hers. The case was tried in the court below in 1861, and resulted in a verdict and judgment for the plaintiff.

Read the full summary

Error to the District Court of Allegheny county. This was a proceeding in the court below, by Elizabeth Anderson against the authorities of the borough of Birmingham, to recover damages for appropriating, as a wharf or public landing on the Allegheny river, ground which she alleged to be hers. The case was tried in the court below in 1861, and resulted in a verdict and judgment for the plaintiff. It was removed into this court, where the judgment of the court below was reversed, for the reasons set forth in the opinion of the court. See 4 Wright 506. For a history of the case, and the…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

— It has been the practice in this country in laying out towns, to have the plat surveyed, and a plan made, in accordance with the survey, designating the streets, public squares, and open spaces left for commons, wharves, or any other public purpose. Those streets, squares, and open .spaces are thus dedicated to the public by the proprietors of the soil, whether they be the state or private individuals. When a town is situated on a navigable river, it is generally the custom to leave an open space between the line of the lots next the river…

2Cases cited4 opinions

  1. Conway v. Taylor'sSupreme Court of the United States · 1862
  2. Noonan v. LeeSupreme Court of the United States · 1863
  3. Parker v. KaneSupreme Court of the United States · 1860
  4. Glover v. ShieldsNew York Supreme Court · 1860

3Cited by17 opinions

  1. Appeal of FergusonSupreme Court of Pennsylvania · 1888
  2. Starling v. Lake Meade Property Owners Ass'nSupreme Court of Pennsylvania · 2017
  3. Dick Et Ux., to Use v. McWilliamsSupreme Court of Pennsylvania · 1927
  4. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
  5. Carroll v. AsburySuperior Court of Pennsylvania · 1905

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API