Legal Opinion

Quicksall v. City of Philadelphia

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeals, Nos. 64 and 65PublishedCited by 60 opinions

Appeals, Nos. 64 and 65, Jan. T., 1896, by plaintiffs, from judgments of C. P. No. 3, Phila. Co., Dec. T., 1893, Nos. 1094 and 1095, on verdicts for defendant. Appeals from awards of road juries. Before Gordon, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was above instruction, quoting it.

1Opinion of the Court

Opinion by

Me. Justice Fell,

The right contested is that of the plaintiffs to recover damages forthe opening by the city of Rúan and Leiper streets. By reason of their purchase of lots bounded by the streets the plaintiffs claim ownership of the land to the middle thereof. For many years stone has been quarried by them and their grantors from these lots, and from the beds of the streets, and at the time of the commencement of these proceedings the quarry had been worked to a depth varying from f orty to eighty feet. The streets as filled in by the city are not as high as the original surface of…

2Cases cited10 opinions

  1. Paul v. CarverSupreme Court of Pennsylvania · 1856
  2. Cox v. FreedleySupreme Court of Pennsylvania · 1859
  3. Transue v. SellSupreme Court of Pennsylvania · 1884
  4. In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886
  5. McCall v. DavisSupreme Court of Pennsylvania · 1868

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3Cited by60 opinions

  1. Rahn v. HessSupreme Court of Pennsylvania · 1954
  2. Milford Borough v. BurnettSupreme Court of Pennsylvania · 1927
  3. Commonwealth v. ShoemakerSuperior Court of Pennsylvania · 1900
  4. Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  5. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897

55 more not listed; retrieve them via the Exa API.

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