Ogden v. City of Philadelphia
Supreme Court of Pennsylvania
Nos. 246, 247 January Term 1891, Sup. Ct.; court below, Nos. 186, 244 September Term 1888, C. P. No. 1. On October 8, 1888, the city of Philadelphia filed in the court below its appeal from the report of a jury of view, appointed by the Court of Quarter Sessions, assessing damages in favor of Richard T. Ogden, for a change of grade of North street. On October 10th, a similar appeal from an award of damages made by the same jury in favor of Margaret H. Ellis was filed.
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Nos. 246, 247 January Term 1891, Sup. Ct.; court below, Nos. 186, 244 September Term 1888, C. P. No. 1. On October 8, 1888, the city of Philadelphia filed in the court below its appeal from the report of a jury of view, appointed by the Court of Quarter Sessions, assessing damages in favor of Richard T. Ogden, for a change of grade of North street. On October 10th, a similar appeal from an award of damages made by the same jury in favor of Margaret H. Ellis was filed. The date at which the proceeding was commenced in the Court of Quarter Sessions was not shown in the paper-books. Both cases…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
In the absence of any opinion by the court below, we are left to gather the grounds of the nonsuit from the facts and the arguments of counsel.
*434The facts, which do not appear to be disputed, are that the first grade for North street was established on the city plan in 1871, but nothing was done on the ground until 1887. For the establishment of the grade of 1871 there was no right of action: O’Connor v. Pittsburgh, 18 Pa. 187; Philadelphia v. Wright, 100 Pa. 235. Therefore, the statute of limitations could not begin to run from that date. But the constitution of…
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