Fifth Street
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1902, by John Bowman, from order of C. P. No. 5, Phila. Co., June T., 1901, No. 840, striking off air award of a jury of view in In re Change of Grade of Fifth Street from Tabor Road to Olney. Exceptions to award of jury of view. The facts are stated in the opinion of the Superior Court. Error assigned was order striking off award in favor of John Bowman.
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Appeal, No. 180, Oct. T., 1902, by John Bowman, from order of C. P. No. 5, Phila. Co., June T., 1901, No. 840, striking off air award of a jury of view in In re Change of Grade of Fifth Street from Tabor Road to Olney. Exceptions to award of jury of view. The facts are stated in the opinion of the Superior Court. Error assigned was order striking off award in favor of John Bowman. That Bowman had the equitable ownership appears from the fact that he was vendee under a contract for purchase by him of the property, and had paid part of the purchase money: Morgan v. Scott, 26 Pa. 51, 54; Brewer…
1Opinion of the Court
Opinion by
Ojrlady, J.,
From the record it appears that Fifth street between Tabor street and Olney avenue was graded pursuant to an ordinance of the city approved February 13, 1901, and that the work was completed on July 22,1901. A jury of view filed a report-awarding to John Bowman $236.25 as damages, and in the report they find that Fifth street from Tabor street to Olney avenue was dedicated for the purpose of a public street to the city of Philadelphia by Howard A. Ritter, whose deed, dated April 10, 1900, was accepted by the board of surveyors on April 30, 1900, and recorded on June 15,…
2Cases cited5 opinions
- Schott v. HarveySupreme Court of Pennsylvania · 1884
- Righter v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Keely v. O'ConnerSupreme Court of Pennsylvania · 1884
- DeWitt v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1902
- Ruggles v. Inhabitants of NantucketMassachusetts Supreme Judicial Court · 1853
3Cited by2 opinions
- Tabor StreetSuperior Court of Pennsylvania · 1904
- Carradorini AppealSuperior Court of Pennsylvania · 1959