Philadelphia v. Scott
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia; Of January Term 1874, No. 235. This was a scire facias sur municipal claim, issued May 18th 1872, by the city of Philadelphia, to the use of Adam Guyer,.to the use of William S. Blight and Stephen B. Poulterer, against Freeman Scott, owner, &c.
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Error to the District Court of Philadelphia; Of January Term 1874, No. 235. This was a scire facias sur municipal claim, issued May 18th 1872, by the city of Philadelphia, to the use of Adam Guyer,.to the use of William S. Blight and Stephen B. Poulterer, against Freeman Scott, owner, &c. The claim was filed December 10th 1870, for $5500, against a piece of land owned, &c., by Freeman Scott, situate in the late district of Richmond, now the Twenty-fifth ward of the city of Philadelphia, bounded, &c.: “Beginning at the southeasterly side of Richmond street, * * * thence extending…
1Opinion of the CourtChief Justice Agnew
The argument in this case took an extended range of discussion upon the pow'ers of the state, of eminent domain and police. In their leading features, these powers are plainly different, the latter reaching even to destruction of property, as in tearing down a house to prevent the spread of a conflagration, or to removal at the expense of the owner, as in the case of a nuisance tending to breed disease. In the first instance, the community proceeds on the ground of overwhelming calamity; and in the second, because of the fault of the owner of the thing; and in either case compensa*86tion is not…
2Cases cited1 opinion
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
3Cited by11 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- HOFFMAN v. PITTSBURGHSupreme Court of Pennsylvania · 1950
- Commonwealth Ex Rel. Chidsey v. MallenSupreme Court of Pennsylvania · 1948
- Ghingher v. PearsonCourt of Appeals of Maryland · 1933
- Louderback v. WarnerSuperior Court of Pennsylvania · 1908
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