Harris v. Philadelphia
Supreme Court of Pennsylvania
Error, No. 78, July T., 1888, to C. P. No. 1, Phila. Co., to review a judgment on a verdict for plaintiff in an action of ejectment, by Henry G. Harris, to the use of A. G. Harris, against the city of Phila., at June T., 1885, No. 781. McCollum and Mitchell, JJ., absent.
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Error, No. 78, July T., 1888, to C. P. No. 1, Phila. Co., to review a judgment on a verdict for plaintiff in an action of ejectment, by Henry G. Harris, to the use of A. G. Harris, against the city of Phila., at June T., 1885, No. 781. McCollum and Mitchell, JJ., absent. On July 3, 1885, the writ was issued for a lot on the east side of the Schuylkill river at the foot of Ellsworth St., extending about 200 feet, to the Port Warden’s line, from the west side of Schuylkill Avenue, a street laid out on the city plan, but not opened. The action was brought to compel the defendant to remove the…
1Opinion of the Court
Per Curiam,
This was an action of ejectment to compel the city to remove the mouth of one of its main sewers from the plaintiff’s wharf lot, fronting on the river Schuylkill. Pending the ejectment, the city removed the sewer, and the action went on for mesne profits alone. The true question for determination in the court below was, how far the sewer interferred with the rental value of the property. The numerous assignments of error indicate that the plaintiff did not confine himself to the rental value of *395the property as it stood, but attempted to show what might have been its rental value…
2Cases cited6 opinions
- Ege v. KilleSupreme Court of Pennsylvania · 1877
- Batdorff v. Farmers' National BankSupreme Court of Pennsylvania · 1869
- Morrison v. RobinsonSupreme Court of Pennsylvania · 1858
- Carman v. BeamSupreme Court of Pennsylvania · 1879
- Trout v. KennedySupreme Court of Pennsylvania · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harris v. City of PhiladelphiaSupreme Court of Pennsylvania · 1893