Legal Opinion

In re change of Grade of Chatham Street

Supreme Court of Pennsylvania

Decided May 23, 1899No. Appeal, No. 89PublishedCited by 13 opinions

Appeal, No. 89, Jan. T.,. 1899, by the city of Philadelphia, from order of C. P. No. 4, Phila. Co., June T., 1896, No. 788, dismissing exceptions to report of viewers. Exception to report of viewers. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to report of viewers.

1Opinion of the Court

Pee Cubiam,

This proceeding, by petition to the court below under the act of May 16,1891, was for the purpose of assessing damages done to the petitioner’s property, fronting on Gaul street, by reason of the change of grade of Chatham street.

Prior to said change of grade, petitioner’s lots were drained, through two connecting alleys appurtenant to said lots, into Chatham street. The elevation of the grade on Chatham street rendered drainage into it impossible, and petitioner was thus compelled to provide other means of drainage.

There cannot be any question as to his legal right to compensation…

2Cases cited6 opinions

  1. In re Melon StreetSupreme Court of Pennsylvania · 1897
  2. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  3. Mellor v. City of PhiladelphiaSupreme Court of Pennsylvania · 1894
  4. Chambers v. South Chester Bor.Supreme Court of Pennsylvania · 1891
  5. Penn. Schuyl. V. R. v. ZiemerSupreme Court of Pennsylvania · 1889

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3Cited by13 opinions

  1. Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
  2. Branyon v. KirkSupreme Court of Alabama · 1939
  3. Cooper v. Scranton CitySuperior Court of Pennsylvania · 1902
  4. Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
  5. Kunkle v. Ford City BoroughSupreme Court of Pennsylvania · 1934

8 more not listed; retrieve them via the Exa API.

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