Legal Opinion

Philadelphia Parkway

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 98PublishedCited by 41 opinions

Appeal, No. 98, January T., 1915, by the General Synod of the Reformed Church in America, from order of Q. S. Philadelphia Co., quashing petition for the appointment of viewers in the matter of the opening of the avenue or parkway between City Hall and Fairmount Park. Petition for the appointment of viewers to assess damages resulting from the opening of the parkway. Before Ferguson, J. The opinion of the Supreme Court states the facts. The court quashed the petition.

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Appeal, No. 98, January T., 1915, by the General Synod of the Reformed Church in America, from order of Q. S. Philadelphia Co., quashing petition for the appointment of viewers in the matter of the opening of the avenue or parkway between City Hall and Fairmount Park. Petition for the appointment of viewers to assess damages resulting from the opening of the parkway. Before Ferguson, J. The opinion of the Supreme Court states the facts. The court quashed the petition. The General Synod of the Reformed Church in America appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

Appellant owns a lot of ground wholly within the lines of the proposed parkway, upon which was erected many years ago a three story dwelling house. In response to popular sentiment, based upon the spirit of civic pride, the municipal authorities laid the foundation for this comprehensive and costly public improvement in 1903. At that time the original ordinance was passed to place the parkway upon the city plan, and this was followed by an amending ordinance a year later. Following these ordinances, the department of public works in 1904 through its board of…

2Cases cited15 opinions

  1. Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
  2. Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
  3. McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
  4. In re the District of PittsburghSupreme Court of Pennsylvania · 1841
  5. Volkmar Street, PhiladelphiaSupreme Court of Pennsylvania · 1889

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3Cited by41 opinions

  1. Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
  2. Pennsylvania Co. for Insurances on Lives & Granting Annuities v. PhiladelphiaSupreme Court of Pennsylvania · 1918
  3. Miller v. Beaver FallsSupreme Court of Pennsylvania · 1951
  4. Griggs v. Allegheny CountySupreme Court of Pennsylvania · 1961
  5. Hilltop Properties, Inc. v. StateCalifornia Court of Appeal · 1965

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