Rodgers v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T. 1897, by-defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1890, No. 54, on verdict for plaintiffs. Appeal from jury of view. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: . 1. The jury must find for defendant.
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Appeal, No. 54, Jan. T. 1897, by-defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1890, No. 54, on verdict for plaintiffs. Appeal from jury of view. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: . 1. The jury must find for defendant. Answer: Refused. [3] 3. If the jury find that Kensington avenue bridge was not •begun or the plans defined at the time when the report was filed from which this appeal is made, they must find for defendant. Answer: Refused. [4] 4. If the jury find that the plaintiffs were a…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The proceeding in the common pleas was an appeal by the plaintiffs from the award of a jury appointed in 1890 to assess the damages and benefits arising from the widening of Kensington avenue from thirty to seventy feet. It was a part of the plan for the improvement of the avenue that a new bridge should be erected over Frankford creek. This bridge was to take the place of a covered bridge which spanned the creek, and was to be erected at the same elevation. No change of grade was then *246contemplated. In 1892, after the proceedings before the road jury had been ended,…
2Cases cited3 opinions
- Pusey v. City of AlleghenySupreme Court of Pennsylvania · 1881
- Righter v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
3Cited by8 opinions
- A. H. Reid Creamery & Dairy Supply Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1922
- Tabor StreetSuperior Court of Pennsylvania · 1904
- Beach v. ScrantonSuperior Court of Pennsylvania · 1904
- Holmes PetitionSuperior Court of Pennsylvania · 1957
- Harp v. Glenolden BoroughSuperior Court of Pennsylvania · 1905
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