Legal Opinion
Ehlers v. Philadelphia
Supreme Court of Pennsylvania
Decided February 5, 1912No. Appeal, No. 190Published
Appeal, No. 190, Jan. T., 1911, by plaintiff from order of C. P. No. 4, Phila. Co., June T., 1908, refusing to take off non-suit in case of Julius C. Ehlers v. Philadelphia. Appeal from award of jury of view. Before Atjdeneied, J. At the trial the court entered a compulsory non-suit which it subsequently refused to take off. Error assigned was refusal to take off non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The refusal to take off the non-suit entered in this case is amply sustained by the following excerpts from the opinion of the learned trial judge :
“By an ordinance approved October 13, 1906, the City of Philadelphia directed the opening of the thoroughfare known as the Parkway northwestward from Logan Square to Spring Garden street and provided that notice should be given to the owners of the strip of land thus appropriated that at the expiration of three months that highway would be opened through their property. The Parkway has since been actually opened…
2Cases cited3 opinions
- Uhler v. CowenSupreme Court of Pennsylvania · 1901
- Sower v. City of PhiladelphiaSupreme Court of Pennsylvania · 1860
- Uhler v. CowenSupreme Court of Pennsylvania · 1899