Legal Opinion

Penny Pot Landing ex rel. Northern Liberties v. City of Philadelphia

Supreme Court of Pennsylvania

Decided March 15, 1851PublishedCited by 11 opinions

This was a quo warranto to test tbe right of the city of Philadelphia to the franchise of taking toll and wharfage at the Penny Pot landing, alleged by the relators to be within the district of the Northern Liberties. This landing is an open space of ground on the east side of Front street, adjoining Yine street to the northward, containing 57 feet in breadth, and extending eastward to the river Delaware.

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This was a quo warranto to test tbe right of the city of Philadelphia to the franchise of taking toll and wharfage at the Penny Pot landing, alleged by the relators to be within the district of the Northern Liberties. This landing is an open space of ground on the east side of Front street, adjoining Yine street to the northward, containing 57 feet in breadth, and extending eastward to the river Delaware. It was alleged by the city to be a part of Yine street, which they aver is here 107 feet wide. Two issues of facts were raised by the pleadings: 1. Is Penny Pot landing within the corporate…

1Opinion of the Court

The opinion of the court was delivered by

Chambers, J.

The corporation of the city of Philadelphia are called upon, by writ of quo warranto, issued by this court, to show by what right they exercise the franchise of taking toll and W’harfage at a place called the Penny Pot landing, which is alleged by the relators to be within the district of the Northern Liberties. This landing is a space of ground on the Delaware river, and part of or adjoining Yine street, and which is claimed by the city as within her corporate limits. For the exercise of the franchise claimed by the city of taking toll and…

2Cases cited4 opinions

  1. Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
  2. Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
  3. Boshears v. FosterTennessee Supreme Court · 1926
  4. Home Bldg. & Loan Ass'n v. GrahamTennessee Supreme Court · 1927

3Cited by11 opinions

  1. Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
  2. Bruker v. Carlisle BoroughSupreme Court of Pennsylvania · 1954
  3. Feore v. TrammelSupreme Court of Alabama · 1924
  4. Philadelphia Suburban Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1951
  5. Laidley v. RoweSupreme Court of Pennsylvania · 1923

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