Legal Opinion

Provident Life & Trust Co. v. Philadelphia

Supreme Court of Pennsylvania

Decided March 10, 1902No. Appeal, No. 131PublishedCited by 8 opinions

Appeal, No. 131, Jan. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1895, No. 491, on verdict for plaintiff in case of Provident Life & Trust Company et al., Executors of George W. Lukens, Deceased, v. City of Philadelphia. Appeal from report of jury of view.

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Appeal, No. 131, Jan. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1895, No. 491, on verdict for plaintiff in case of Provident Life & Trust Company et al., Executors of George W. Lukens, Deceased, v. City of Philadelphia. Appeal from report of jury of view. Before McCarthy, J. At the trial expert witnesses for the plaintiff variously estimated the depreciation of the property and market value to be from $7,600 to $11,666. Witnesses for the defendant estimated that the property was benefited from $428 to $2,600. The court charged in part as follows : Gentlemen,…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The instruction to the jury, that if the plaintiff was entitled to recover, he should be allowed damages for the delay in the payment by the city of compensation for the injury caused by the opening of the street, was technically erroneous. Where interest is recoverable of right, a jury may be instructed to give it, but in actions such as this where additional damages in the nature of interest may be allowed as compensation for delay of payment, it is not the province of the court to direct their allowance. Whether they should be allowed depends upon circumstances,…

2Cases cited7 opinions

  1. Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
  2. Knapp v. GriffinSupreme Court of Pennsylvania · 1891
  3. Krepps v. CarlisleSupreme Court of Pennsylvania · 1893
  4. Halfman v. Penna. Boiler Ins.Supreme Court of Pennsylvania · 1894
  5. Taylor v. BurrellSuperior Court of Pennsylvania · 1898

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3Cited by8 opinions

  1. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1968
  2. White v. MooreSupreme Court of Pennsylvania · 1927
  3. Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
  4. Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
  5. Pennsylvania Railroad v. Donora Southern RailroadSupreme Court of Pennsylvania · 1908

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