Pusey v. City of Allegheny
Supreme Court of Pennsylvania
October 11th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 263. Feigned issue, between Mrs. Jane Pusey, widow of William B. Pusey, deceased, plaintiff, and the city of Allegheny, defendant, to determine the right of the plaintiff to damages for property taken and injured by said city in the opening, grading and construction of…
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October 11th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 263. Feigned issue, between Mrs. Jane Pusey, widow of William B. Pusey, deceased, plaintiff, and the city of Allegheny, defendant, to determine the right of the plaintiff to damages for property taken and injured by said city in the opening, grading and construction of Charles street. The issue was founded upon a record certified from the Court of Quarter Sessions of Allegheny county, which…
1Opinion of the Court
Mr. Justice Gordon delivered
the opinion of the court,
Under the 8th section of the 16th article of the constitution of this Commonwealth, municipal, as well as other corporations, in whom are vested the right of eminent domain, are required to make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements. This is an advance upon the limitation of the right of eminent domain, as found in the bill of rights both of the present constitution and that of 1838. Corporations in whom the legislature has vested this right,…
2Cited by13 opinions
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- Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
- O'Brien v. Phila.Supreme Court of Pennsylvania · 1892
- Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
- Tabor StreetSuperior Court of Pennsylvania · 1904
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