Morris v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 361, Jan. T., 1900, by plaintiff, from decree of C. P. No. 2, Phila. Co., March T., 1900, No. 483, dismissing bill in equity in case of J. Cheston Morris v. The City of Philadelphia, William C. Haddock, Director of Public Works and William H. Brooks, Chief of Bureau of Highways. Bill in equity for an injunction to restrain a city from vacating a portion of a street and changing its lines, and also for a decree declaring a deed of dedication void and of no effect.
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Appeal, No. 361, Jan. T., 1900, by plaintiff, from decree of C. P. No. 2, Phila. Co., March T., 1900, No. 483, dismissing bill in equity in case of J. Cheston Morris v. The City of Philadelphia, William C. Haddock, Director of Public Works and William H. Brooks, Chief of Bureau of Highways. Bill in equity for an injunction to restrain a city from vacating a portion of a street and changing its lines, and also for a decree declaring a deed of dedication void and of no effect. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The object of this bill was to enjoin the city from improving Linmore street on the lines established by the board of surveyors in pursuance of an ordinance of city councils. The plaintiff is the owner of properties fronting on the street, which he purchased in August, 1889, without notice that his grantor had dedicated the street to public use 'by deed dated July, 1888, accepted by the city May, 1890, and recorded in August of that year. The street as originally laid out varied in width at different points from thirty to forty-six feet. The deed of dedication…
2Cases cited1 opinion
- Wetherill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
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