Appeal of County of Delaware
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF COUNTY, IN EQUITY. No. 31 July Term 1887, Sup. Ct.; court below, No. 1 De-cember Term 1884, C. P. in equity.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF COUNTY, IN EQUITY. No. 31 July Term 1887, Sup. Ct.; court below, No. 1 De-cember Term 1884, C. P. in equity. On November 1, 1884, Samuel Riddle filed a bill in equity against the county of Delaware and Owen Yarnall and others, county commissioners, in which it was averred, in substance: That the plaintiff was and had been for many years the owner of a valuable tract of land in the township of Middle-town, upon which he had large and valuable mill buildings erect-DELAWAKE ed, where for many years past he had been engaged in the manufacture of…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
If this had been a taxpayer’s bill with the proper averments, we would have had before us in an orderly way the question of the power of the commissioners of Delaware County to tear down and rebuild a county bridge without any action on the part of the grand jury and the Court of Quarter Sessions. It is not, however, a taxpayer’s bill. It was filed by a property owner, whose only complaint is that the commissioners are erecting the bridge in a manner that will be injurious to his property rights. The learned judge below evidently saw this difficulty when he said in…
2Cases cited4 opinions
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
3Cited by22 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Delaware River Joint Toll Bridge Commission v. ColburnSupreme Court of the United States · 1940
- Soldiers and Sailors Memorial BridgeSupreme Court of Pennsylvania · 1932
- Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
- Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
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