Clark v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 212, July T., 1894, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1891, No. 487, discharging rule for appointment of jury of view. Petition for the appointment of viewers under the act of May' 16, 1891, P. L. 75, to ascertain damages caused by grading Forty-fifth street.
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Appeal, No. 212, July T., 1894, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1891, No. 487, discharging rule for appointment of jury of view. Petition for the appointment of viewers under the act of May' 16, 1891, P. L. 75, to ascertain damages caused by grading Forty-fifth street. Plaintiff in his petition averred as follows: “ On November 2, 1885, the city of Philadelphia by its board of survey'ors, acting under an ordinance of the city councils approved June 28, 1884, revised and confirmed the lines and grades of Forty-fifth street from Woodland to Baltimore avenues as…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
Appellant’s amended statement is a petition under the act of May 16,1891, P. L. 75, for the appointment of viewers to assess damages for a change of grade of Forty-fifth street. The city of Philadelphia set up in its answer that in a prior proceeding in the quarter sessions for the opening of said Forty-fifth street, the petitioner had expressly waived his claim for damages for his land taken by the opening, and therefore was now barred from his present claim. The court below sustained this view by discharging the rule for the appointment of viewers.
The waiver…
2Cases cited4 opinions
- Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
- Ogden v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
- Pusey v. City of AlleghenySupreme Court of Pennsylvania · 1881
- Righter v. PhiladelphiaSupreme Court of Pennsylvania · 1894
3Cited by11 opinions
- Jamison v. Cumberland CountySupreme Court of Pennsylvania · 1912
- Howley v. PittsburgSupreme Court of Pennsylvania · 1903
- Devlin v. PhiladelphiaSupreme Court of Pennsylvania · 1903
- Tabor StreetSuperior Court of Pennsylvania · 1904
- Rodgers v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
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