Carpenter v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 340, Jan. T., 1899, by plaintiff, from judgment of O. P. No. 4, Phila. Go., June T., 1892, No. 865, on verdict for defendant in suit of Ellen Carpenter v. Pennsylvania R. R. Co. Trespass for an alleged unlawful obstruction of Tacony road by the erection of a board fence across the entire width of the road.
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Appeal, No. 340, Jan. T., 1899, by plaintiff, from judgment of O. P. No. 4, Phila. Go., June T., 1892, No. 865, on verdict for defendant in suit of Ellen Carpenter v. Pennsylvania R. R. Co. Trespass for an alleged unlawful obstruction of Tacony road by the erection of a board fence across the entire width of the road. Before Audenbied, J. At the trial it appeared that under the ordinance of March 29, 1887, the department of surveys was authorized “ to revise the lines and grades of the city plan along the line of the Philadelphia and Trenton Railroad from Tacony street to Pennypack creek, so…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
In Wetherill v. R. It. Co., opinion filed herewith, it is held that where a street is struck off the city plan by the department of public works, in obedience to an ordinance of councils, and a new, plan is confirmed, omitting the street, the legal vacation is complete and does not require any confirmation or other action by proceedings in the courts.
This disposes of the substantial question in the present case. The difference is merely in the form of the ordinances. In Wetherill v. R. R. Co. the ordinance directed the striking off of Wheatsheaf lane from the…
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