O'Connor v. Pittsburgh
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of trespass on the case, brought by the Eight Eeverend Michael O’Connor, Eoman Catholic Bishop of Pittsburgh, for the use of the Eoman Catholic congregation of St. Paul’s Church, Pittsburgh, v. The Mayor, Aldermen, and Citizens of Pittsburgh.
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Error to the District Court of Allegheny county. This was an action of trespass on the case, brought by the Eight Eeverend Michael O’Connor, Eoman Catholic Bishop of Pittsburgh, for the use of the Eoman Catholic congregation of St. Paul’s Church, Pittsburgh, v. The Mayor, Aldermen, and Citizens of Pittsburgh. The action was brought to November Term, 1849, in the Court below, to recover damages from the city of Pittsburgh, for injuries done to the Cathedral, by cutting down Grant and Fifth streets, in that city. The bishop held the title of the property in trust for the Eoman Catholic…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Gibson, O. J.
We have had this cause reargued in order to discover, if possible, some way to relieve the plaintiff consistently with law; but I grieve to say we have discovered none. To the Commonwealth here, as to the king in England, belongs the franchise of every highway as a trustee for the public; and streets regulated and repaired by the authority of a municipal corporation, are as much highways as are rivers, railroads, canals, or public roads laid out by the authority of the quarter sessions. In England a public road is called the king’s…
2Cited by34 opinions
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Commonwealth, Department of Transportation v. J. W. Bishop & Co.Supreme Court of Pennsylvania · 1981
- DuBree v. CommonwealthCommonwealth Court of Pennsylvania · 1973
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