Smedley v. Erwin
Supreme Court of Pennsylvania
Appeal from the Court of- Common Pleas of Philadelphia. In Equity. In the court below this was a bill of complaint by Elizabeth C. Erwin, Mary L. Erwin, Samuel Agnew and.
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Appeal from the Court of- Common Pleas of Philadelphia. In Equity. In the court below this was a bill of complaint by Elizabeth C. Erwin, Mary L. Erwin, Samuel Agnew and. Susan his wife (formerly Erwin), Margaret T. Erwin and Louisa Erwin, against the City of Philadelphia and William W. Smedley, chief commissioner of highways of said city, filed August lfth 1864. The city filed a disclaimer, February 2d 1865. The bill set forth, that the complainants owned a tract of land in the Twenty-sixth Ward, part of which lay between Twenty-first and Twenty-second streets and Fitzwater and Catharine…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The court below was of opinion that the special *449Act of Assembly of May 20th 1864, by which the chief commissioner of highways was directed to open, or cause to be opened, Evergreen street for public use, cannot constitutionally be enforced, because it indicates no method of ascertaining or securing the damages to owners of property taken for the street. In this we think they were mistaken. It may be that the Act of April 1st 1864, entitled “ An Act relating to the opening of streets and payment of damages therefor in the city of…
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