In re Opening of Wayne Avenue
Supreme Court of Pennsylvania
certiorari to the court of quarter sessions of PHILADELPHIA COUNTY. No. 127 January Term 1889, Sup. Ct.; court below, No. On March 26, 1887, a jury of six, appointed to “ view and consider the propriety of opening Wayne avenue from Washington to Carpenter streets, and if in favor of said opening to obtain releases and assess damages therefor,” submitted their report that Wayne avenue was duly laid out upon the confirmed plan of the city, and that the jury were unanimous in…
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certiorari to the court of quarter sessions of PHILADELPHIA COUNTY. No. 127 January Term 1889, Sup. Ct.; court below, No. On March 26, 1887, a jury of six, appointed to “ view and consider the propriety of opening Wayne avenue from Washington to Carpenter streets, and if in favor of said opening to obtain releases and assess damages therefor,” submitted their report that Wayne avenue was duly laid out upon the confirmed plan of the city, and that the jury were unanimous in their judgment that it should now be opened to public use as a highway of the city. The report also set out: That Sallie…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
This case is ruled by Brooklyn street, 118 Pa. 640, where it was held that when a street has been laid out by municipal action and remains unopened upon the confirmed plan, a description in a deed subsequently made referring to the street as a boundary, does not create such a dedication to public use of the land within the street lines, as to deprive the grantor of his right to compensation when his land is afterwards actually taken by the opening of the street.
In the case in hand, the jury not only refused to award damages to the exceptants, Peter D. Keyser…
2Cases cited1 opinion
- In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
- Tesson v. Porter Co.Supreme Court of Pennsylvania · 1913
- Township of Lower Saucon v. HorvathCommonwealth Court of Pennsylvania · 1979