Knickerbocker Ice Co. v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 404, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1908, No. 1239, on verdict for defendant in case of The Knickerbocker Ice Company of Philadelphia v. City of Philadelphia. Appeal from award of a board of viewers in the matter of change of grade of Whitby avenue.
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Appeal, No. 404, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1908, No. 1239, on verdict for defendant in case of The Knickerbocker Ice Company of Philadelphia v. City of Philadelphia. Appeal from award of a board of viewers in the matter of change of grade of Whitby avenue. Before Ralston, J. From the record, it appeared that the court admitted evidence relating to the circumstances surrounding the dedication of Fifty-third street, which was unopened and which intersected Whitby avenue, and evidence relating to a release of the damages which might be…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In the court below appellant claimed damages for depreciation in the market value of its property caused *86by the change of grade of Whitby avenue and this was the issue submitted to the jury. The case was very fairly submitted by the learned trial judge, but it is contended that a considerable amount of testimony relating to Fifty-third street was improperly admitted to the prejudice of the appellant, and that this irrelevant issue was not only confusing but must- have misled the jury. The question thus raised has made it necessary to examine the record with the…
2Cases cited4 opinions
- Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Markle v. Phila.Supreme Court of Pennsylvania · 1894
- Opening of Negley Avenue, Pennsylvania Court of Common Pleas, Alleghany County1892
- Preston Retreat v. City of PhiladelphiaSupreme Court of Pennsylvania · 1913
3Cited by2 opinions
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- Commonwealth v. BlankensteinSuperior Court of Pennsylvania · 1923