City of Philadelphia v. Dyer
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an action of debt by John Dyer against the City of Philadelphia, upon the award of the jury selected to assess the damages which he would sustain by the opening of Broad street through his property.
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Error to tbe District Court of Philadelphia. This was an action of debt by John Dyer against the City of Philadelphia, upon the award of the jury selected to assess the damages which he would sustain by the opening of Broad street through his property. The case was this: Under the 7th section of the Act of 21st April 1855, which enacted “ that whenever councils shall deem the public exigency to demand it, they may order by ordinance any street laid upon any of the public plans of the city to be opened, giving three months’ notice thereof to the owner, whereupon any of the owners whose ground…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
In the case of The City of Philadelphia v. Dickson, 2 Wright 247, we ruled, that when the city councils have ordered a street laid upon any of the public plans of the city, to be opened, and when the damages of a landowner have been assessed, he may bring suit for them after the expiration of a year, though the street has not been actually opened. We could not have ruled otherwise, with the Act of April 21st 1855, P. L. 266, before us. There is no sufficient reason for applying a different rule to the present case. It was under the same Act…
2Cited by10 opinions
- Philadelphia AppealSupreme Court of Pennsylvania · 1950
- Wayne v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Chelten Trust Co. v. BlankenburgSupreme Court of Pennsylvania · 1913
- Woods Run AvenueSuperior Court of Pennsylvania · 1910
- King v. BrownSuperior Court of Pennsylvania · 1906
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