Legal Opinion

Eisenhart v. Philadelphia

Supreme Court of Pennsylvania

Decided April 17, 1893No. Appeal, No. 267PublishedCited by 1 opinion

Appeal, No. 267, Jan. T., 1893, by plaintiffs, Rosanna Eisenhart et al., from judgment of C. P. No. 1, Phila. Co., March T., 1891, No. 978, on verdict for defendant. Appeal from assessment of damages for change of grade. The facts appear by the opinion of the Supreme Court. The court, Bregy, J., directed a verdict for defendant. [3] Verdict and judgment for defendant. Plaintiff appealed.

Read the full summary

Appeal, No. 267, Jan. T., 1893, by plaintiffs, Rosanna Eisenhart et al., from judgment of C. P. No. 1, Phila. Co., March T., 1891, No. 978, on verdict for defendant. Appeal from assessment of damages for change of grade. The facts appear by the opinion of the Supreme Court. The court, Bregy, J., directed a verdict for defendant. [3] Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were, (1) in admitting the plea of “ not guilty within six years ” at the trial; and (3) above '’instruction, quoting it.

1Opinion of the Court

Per Curiam,

This appears to be a case of great hardship, but, in view of the facts, we aré powerless to afford the plaintiffs any relief therefrom. The injury of which they complain resulted from the excavation of Magnolia avenue, between Centre street and Chelton avenue. In 1853, Wilson street, now Magnolia avenue, at the point in controversy, was dedicated to public use by the then owners of the land. In 1859, a plan, etc., of the street, conforming nearly to the natural surface, was confirmed by the court of quarter sessions, as of the year 1850. In 1862, a revised plan, calling for a lower…

2Cases cited2 opinions

  1. Phila. v. Thomas's HeirsSupreme Court of Pennsylvania · 1893
  2. In the Opening of Magnolia AvenueSupreme Court of Pennsylvania · 1887

3Cited by1 opinion

  1. Butler StreetSuperior Court of Pennsylvania · 1904

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API