Devlin v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1902, by plaintiff, from judgment of'C. P. No. 3, Phila. Co., Sept. T., 1899, No. 824, refusing to take off nonsuit in case of John Devlin v. Philadelphia. Appeal from award of viewers. Before McCarthy, J. The facts are stated in the opinion of the Supreme Court. . The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff purchased land abutting on both sides of a private street. Soon after his purchase the street was placed on the city plan, and its grade was established at about two feet above the natural surface. Desiring to build houses on this land, he applied to the district surveyor to have the house lines and grade lines marked on the ground, and he erected his buildings in accordance with these lines. When the buildings were completed he applied to the department of public works for permission to pave the street, and permission was granted in pursuance of…
2Cases cited6 opinions
- Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
- Ogden v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891
- City of Philadelphia v. LinnardSupreme Court of Pennsylvania · 1881
- Howley v. PittsburgSupreme Court of Pennsylvania · 1903
- Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
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3Cited by10 opinions
- Pfeffer v. JohnstownSupreme Court of Pennsylvania · 1926
- Griffin v. City of New CastleSuperior Court of Pennsylvania · 1926
- Hicks v. WilliamsportSupreme Court of Pennsylvania · 1912
- Sather v. City of DuluthSupreme Court of Minnesota · 1913
- Thirteenth StreetSuperior Court of Pennsylvania · 1909
5 more not listed; retrieve them via the Exa API.