Legal Opinion

Opening of Negley Avenue

Pennsylvania Court of Common Pleas, Alleghany County

Decided January 4, 1892No. 148PublishedCited by 3 opinions

No. 148 October Term 1891, Sup. Ct.; court below, No. 179 June Term 1888, C. P. No. 1. On May 5,1888, an issue was formed on an appeal by Isabel C. Sargeant from the report of viewers assessing damages occasioned by the opening of Negley Avenue, Pittsburgh. In this issue, the claimant was made plaintiff, and the city of Pittsburgh, defendant.

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No. 148 October Term 1891, Sup. Ct.; court below, No. 179 June Term 1888, C. P. No. 1. On May 5,1888, an issue was formed on an appeal by Isabel C. Sargeant from the report of viewers assessing damages occasioned by the opening of Negley Avenue, Pittsburgh. In this issue, the claimant was made plaintiff, and the city of Pittsburgh, defendant. Plea filed. _ At the trial, on May 4, 1891, it was made to appear that the city of Pittsburgh, by ordinance enacted September 13, 1887, provided for the opening of Negley Avenue, from Roup street to Bryant street; that said avenue passed diagonally…

1Opinion of the Court

Opinion,

Mr. Justice Williams :

The plaintiff is the owner of several acres of land in what was a few years ago a rural portion of the city of Pittsburgh. This land is crossed by a street laid out many years ago, on what was then known as the East Liberty plan, which has not been opened. The possession of the plaintiff has never been disturbed by the city, and the street known as Wayne street exists only on paper. The progress of improvements has brought the neighborhood of the plaintiff’s land into demand for building purposes, and an avenue known as Negley Avenue has been so laid out and…

2Cited by3 opinions

  1. Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
  2. Markle v. Phila.Supreme Court of Pennsylvania · 1894
  3. Knickerbocker Ice Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1914

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