Bush v. McKeesport City
Supreme Court of Pennsylvania
Appeal, No. 281, Oct. T., 1894, by plaintiffs, from order of C. P. No. 1, Allegheny Co., June T., 1894, No. 435, dismissing petition for viewers. Petition for appointment of viewers.
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Appeal, No. 281, Oct. T., 1894, by plaintiffs, from order of C. P. No. 1, Allegheny Co., June T., 1894, No. 435, dismissing petition for viewers. Petition for appointment of viewers. The petition alleged that the city of McKeesport, in July, 1892, laid out a street about 600 feet long over petitioners’ land and running from Cliff street to Fifth avenue, thereby connecting the built-up part of the city east of Cliff street with Fifth avenue, a paved street, traversed by an electric street railway; that said laid-out street enters Fifth avenue at an acute angle and thereby takes and destroys…
1Opinion of the Court
Per Curiam,
Plaintiffs’ petition, for the appointment of viewers to assess damages for the injury they claim to have sustained in consequence of the acts of the defendant corporation therein set forth, was presented to the court and subsequently dismissed. Hence this appeal.
Their contention is that under article XVI, sec. 8, of the Constitution, they are entitled to damages for the acts complained of, because in consequence thereof they are restrained from freely using their property by the following clause in section 12 of the act of May 16, 1891, P. L. 80, viz: “No person shall *59hereafter be…
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