Preston Retreat v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 272, Jan. T., 1912, by defendant, from judgment of C. P. No. 5, Dec. T., 1908, No. 2315, on verdict for plaintiff in case of The Preston Retreat v. The City of Philadelphia. Appeal from report of viewers assessing damages for injuries to plaintiff’s land in consequence of the opening of a city street. Before Ralston, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 272, Jan. T., 1912, by defendant, from judgment of C. P. No. 5, Dec. T., 1908, No. 2315, on verdict for plaintiff in case of The Preston Retreat v. The City of Philadelphia. Appeal from report of viewers assessing damages for injuries to plaintiff’s land in consequence of the opening of a city street. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. The court made the following answers to points submitted by defendant: “5. As a matter of law, the jury is not entitled to take into consideration the proposed grade of 1871, which you have heard referred to…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The Preston Retreat, plaintiff below and here appellee, is the owner of a tract of land in the Fortieth Ward of the City of Philadelphia containing thirteen acres. In opening Willows avenue to a junction with Fifty-third street, and extending the latter street northward, the city has appropriated of this land about an acre and one-half at the extreme northwesterly limit of the tract, where the natural surface of the land is lowest. In order that the grade of this newly opened street might accord with that of other streets in the neighborhood, the city has…
2Cases cited1 opinion
- Bond v. PhiladelphiaSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Knickerbocker Ice Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1914