City of Philadelphia v. Dickson
Supreme Court of Pennsylvania
Errur tc the District Court of Philadelphia. This was an action of debt brought May 21st 1859, by James Dickson against the City of Philadelphia, for an award of a jury to assess the damages which'the plaintiff would sustain by reason of the opening of Poplar street through his grounds.
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Errur tc the District Court of Philadelphia. This was an action of debt brought May 21st 1859, by James Dickson against the City of Philadelphia, for an award of a jury to assess the damages which'the plaintiff would sustain by reason of the opening of Poplar street through his grounds. The plaintiff in his declaration averred that the defendants “entered upon and took possession of Poplar street,” wherever the same passed through a certain lot belonging to the plaintiff, and “ did open the same for public use.” Under the provisions of the Act of April 21st 1858, the city had passed an…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— There is no error in this record. Poplar street was one of those laid upon the public plans of the city, and therefore could be opened at the will of the city councils. The Act of April 21st 1855, enacted that whenever councils shall deem the public exigency to demand it, they may order by ordinance any street laid upon any of the public plans of the city to be opened, giving three months’ notice thereof to the owner, whereupon any of the owners whose ground will be taken by such street, “may forthwith petition the Court of Quarter…
2Cited by5 opinions
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
- Uhler v. CowenSupreme Court of Pennsylvania · 1901
- Griffin v. City of New CastleSuperior Court of Pennsylvania · 1926
- Whitby AvenueSuperior Court of Pennsylvania · 1903
- Franklin StreetSuperior Court of Pennsylvania · 1900