Legal Opinion · Concurring in part, dissenting in part

Rosenblatt v. Pennsylvania Turnpike Commission

Supreme Court of Pennsylvania

Decided December 31, 1959No. Appeal, No. 52Published

1Concurring in part, dissenting in part

*133Concurring and Dissenting Opinion by

Mr. Justice Bell :

I agree with the result reached by the majority but regret I can only arrive there by a different route. This proceeding is an unusual one. Plaintiffs brought an action in ejectment to eject the Pennsylvania Turnpike Commission from approximately 70 acres of their land on which the Commission had already built an interchange (allegedly) without any legal condemnation. Plaintiffs asked a conditional relief — a conditional judgment in ejectment against the Commission, with the allowance to it of reasonable time to exercise its power of…

2Cases cited22 opinions

  1. Miller v. Beaver FallsSupreme Court of Pennsylvania · 1951
  2. Winger v. AiresSupreme Court of Pennsylvania · 1952
  3. Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
  4. Lakewood Memorial Gardens, Inc. AppealSupreme Court of Pennsylvania · 1955
  5. Lazarus v. MorrisSupreme Court of Pennsylvania · 1905

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