Righter v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 117, Jan. T., 1894, by defendant, from judgment of C. P. No. 4, Phila. Co., Dee. T., 1892, No. 644, on demurrer in favor of plaintiff, Richard Righter. Demurrer to plaintiff’s statement.
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Appeal, No. 117, Jan. T., 1894, by defendant, from judgment of C. P. No. 4, Phila. Co., Dee. T., 1892, No. 644, on demurrer in favor of plaintiff, Richard Righter. Demurrer to plaintiff’s statement. Plaintiff in his statement averred that in 1883 certain property on Wood street was conveyed to him; that “ the said Wood street was laid out upon the official plans of the survey department of the city of Philadelphia in front of said premises, as of a width of fifty feet, but was not legally opened for public use. “ On March 16, 1871, an artificial grade differing from the natural grade had been…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
In 1889 the plaintiff and others joined in a deed conveying to the city of Philadelphia so much of their lands as were included within the lines of Wood street in the 21st ward. Wood street had been for many years laid out on the official plan of the city, and its grade had been established differing from the natural grade, but it had not been opened.
The conveyance was “ forever for a public street or highway and for no other purpose, but to the same extent and with the same effect as if the said street had been opened by a decree of the court of quarter sessions…
2Cases cited2 opinions
- Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
- Groff v. Phila.Supreme Court of Pennsylvania · 1892
3Cited by13 opinions
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Patton v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
- Tabor StreetSuperior Court of Pennsylvania · 1904
- Rodgers v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
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