Whitaker v. Phœnixville Bor.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. January Term 1891, Sup. Ot.; court below, No. 60 January Term 1890, C. P. On August 12, 1889, tbe borough of Phosnixville presented its petition to the Court of Quarter Sessions for the appointment of viewers to assess damages for the opening of Fourth Avenue, under the act of April 22, 1856, P. L. 525. The viewers filed their report on October 28, 1889, and on November 25th, Joseph C. Whitaker appealed…
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. January Term 1891, Sup. Ot.; court below, No. 60 January Term 1890, C. P. On August 12, 1889, tbe borough of Phosnixville presented its petition to the Court of Quarter Sessions for the appointment of viewers to assess damages for the opening of Fourth Avenue, under the act of April 22, 1856, P. L. 525. The viewers filed their report on October 28, 1889, and on November 25th, Joseph C. Whitaker appealed therefrom to the Court of Common Pleas, under the act of June IB, 1874, P. L. 283. Thereupon, an issue was directed…
1Opinion of the Court
Opinion,
Me. Justice Geeen :
The ordinance ordaining Fourth Avenue was passed in June, 1887. The petition of the borough, to have damages assessed for opening Fourth Avenue, was presented in August, 1889. In the meantime, in July, 1888, Mr. Whitaker, the plaintiff, sold to Miss Caswell two lots, measuring together on Main street ninety-three feet, and extending along Fourth Avenue the whole depth of the lot. At the time, therefore, the proceedings to open were commenced, the plaintiff owned only the ground which was actually covered by the street, along the line of the street. * He had no land…
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