Legal Opinion

Butler Street

Superior Court of Pennsylvania

Decided January 21, 1902No. Appeal, No. 115PublishedCited by 4 opinions

Appeal, No. 115, Oct. T., 1901, by Gustav A. Schwab, from order of Q. S. Phila. Co., Dec. T., 1900, quashing his petition in the matter of the vacation and closing of Butler street from Lawrence street to American street in the thirty-third ward of the city of Philadelphia. Petition for appointment of viewers.

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Appeal, No. 115, Oct. T., 1901, by Gustav A. Schwab, from order of Q. S. Phila. Co., Dec. T., 1900, quashing his petition in the matter of the vacation and closing of Butler street from Lawrence street to American street in the thirty-third ward of the city of Philadelphia. Petition for appointment of viewers. The petitioner averred that he owned certain properties in Philadelphia, on Butler street west of Lawrence, and that by an ordinance of councils approved February 4, 1892, the department of public works of said city was authorized to enter into a contract with certain railroad companies…

1Opinion of the Court

Opinion by

William: W. Porter, J.,

The sole question in this case is, whether the injury to an owner of nonabutting property, in the case of a vacation by striking a street off the city plan by the board of surveyors in obedience to an ordinance of councils, arises when the street is 'stricken off, or when it is physically closed. The Supreme Court has recently held, in Wetherill v. Penna. R. R. Co., 195 Pa. 156, that where a street is stricken from the city plan by the department of public works, in obedience to an ordinance of councils, and a new plan is confirmed, omitting the street, the…

2Cases cited2 opinions

  1. Wetherill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
  2. Carpenter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900

3Cited by4 opinions

  1. Tabor StreetSuperior Court of Pennsylvania · 1904
  2. Butler StreetSuperior Court of Pennsylvania · 1904
  3. Pulaski AvenueSuperior Court of Pennsylvania · 1907
  4. Tabor StreetSuperior Court of Pennsylvania · 1904

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