In re Spring Garden Street
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Philadelphia: No. 305, to January Term 1869. Appeal of Richard Norris. Upon the petition of Richard Norris, the Court of Quarter Sessions appointed a jury to assess the damages to be sustained by him by the widening of Spring Garden street in Philadelphia, in pursuance of a joint resolution of the city councils.
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Certiorari to the Quarter Sessions of Philadelphia: No. 305, to January Term 1869. Appeal of Richard Norris. Upon the petition of Richard Norris, the Court of Quarter Sessions appointed a jury to assess the damages to be sustained by him by the widening of Spring Garden street in Philadelphia, in pursuance of a joint resolution of the city councils. The jury reported that they awarded damages as follows : to Richard Norris, $40,500; to Matthews & Moore, $32,500; to Thomas Potter, $20,000; in all $93,000, of which, they awarded that $74,761.37, should be paid by the city, and that the balance…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1869, by
Agnew, J.
The proceeding in the court below, was simply for the assessment of damages. The widening and opening of Spring Garden street, had been ordered by the city councils, under the provisions of the Act of 21st April 1855, Brightly, p. 882, pl. 113. This gave a right to the property-owners affected by the proceeding to apply for damages: Sower v. City of Philadelphia, 11 Casey 231, and Large v. City, in note to the same; The City v. Dickson, 2 Wright 247. The only questions which could come before the Court of Quarter Sessions,…
2Cited by2 opinions
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