Legal Opinion

In re Fisher

Supreme Court of Pennsylvania

Decided November 9, 1896No. Appeal, No. 15PublishedCited by 6 opinions

Appeal, No. 15, Oct. T., 1896, by the city of Allegheny, from order of C. P. No. 8, Allegheny Co., Aug. T., 1895, No. 107, confirming report of road viewers. Petition of Cora E. Fisher for the appointment of viewers to ascertain the damages and assess the benefits resulting from the change of grade of Woodland avenue in the Eleventh ward of the city of Allegheny.

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Appeal, No. 15, Oct. T., 1896, by the city of Allegheny, from order of C. P. No. 8, Allegheny Co., Aug. T., 1895, No. 107, confirming report of road viewers. Petition of Cora E. Fisher for the appointment of viewers to ascertain the damages and assess the benefits resulting from the change of grade of Woodland avenue in the Eleventh ward of the city of Allegheny. From the record it appeared that the petition was presented on May 25, 1895. Viewers were duly appointed, but before they made their report a petition was filed by the city of Allegheny for a rule to show cause why the appointment of…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The constitution guards the citizen against an unjust or oppressive exercise of the right of eminent domain. In section 8 of art. 16 it is provided that municipal, like all other corporations possessing the right of eminent domain, shall make “ just compensation for all property taken, injured or destroyed by them; ” and that such compensation shall be paid or secured to the owner before the taking, injury or destruction shall be allowed to take place. The same section secures to the property owner the right to appeal from any preliminary appraisement of the…

2Cases cited2 opinions

  1. Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
  2. Huckestein v. Allegheny CitySupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. Commonwealth Ex Rel. Kelley v. CantrellSupreme Court of Pennsylvania · 1937
  2. Glen Alden Coal Company CaseSupreme Court of Pennsylvania · 1944
  3. Hastings AppealSupreme Court of Pennsylvania · 1953
  4. In Re Improvement of Third Street, St. PaulSupreme Court of Minnesota · 1929
  5. McKee v. City of PittsburghSuperior Court of Pennsylvania · 1898

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