Howell v. Morrisville Borough
Supreme Court of Pennsylvania
Appeal, No. 30, Jan. T., 1905, by-defendant, from judgment of C. P. Bucks Co., Sept. T., 1902, No- 15, on verdict for plaintiff in case of Lewis A. Howell v. Morrisville Borough. Appeal from report of viewers. Before Stotjt, P. J. At the trial the question turned on the right to recover damages for injuries alleged to have been sustained by the vacation of a part of Green street in the borough of Morrisville.
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Appeal, No. 30, Jan. T., 1905, by-defendant, from judgment of C. P. Bucks Co., Sept. T., 1902, No- 15, on verdict for plaintiff in case of Lewis A. Howell v. Morrisville Borough. Appeal from report of viewers. Before Stotjt, P. J. At the trial the question turned on the right to recover damages for injuries alleged to have been sustained by the vacation of a part of Green street in the borough of Morrisville. The defendant presented these points : 2. There is no legislative provision for the recovery of damages against the borough of Morrisville for the vacation of a street, or part thereof,…
1Opinion of the Court
Opinion by
Me. Chief Justice Mitchell,
The vacation of a public road is notan injury to the abutting landowners for which compensation must be made. In Paul v. Carver, 24 Pa. 207, it was said “ surrendering the right of way over a public road to the owners of the soil is not taking private property for public use, and the proprietors of other land incidentally injured by the discontinuance of the road are not entitled to compensation.” And in McGee’s Appeal, 114 Pa. 470, after quoting with approval the foregoing passage from Paul v. Carver, it was explicitly held that under the present…
2Cases cited15 opinions
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- McGee's AppealSupreme Court of Pennsylvania · 1887
- Paul v. CarverSupreme Court of Pennsylvania · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. HoblittMontana Supreme Court · 1930
- Heil v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Spang & Co. v. CommonwealthSupreme Court of Pennsylvania · 1924
- Hedrick v. HarrisburgSupreme Court of Pennsylvania · 1923
- Donnelly v. Public Service Commission & Pennsylvania R. R.Supreme Court of Pennsylvania · 1920
13 more not listed; retrieve them via the Exa API.