In re Street
In re Street
Opinion of the Court
Opinion by
That which is now called Cresson street between Shur’s lane and Cedar street was put on the plan of the city of Philadelphia by the approval of the board of surveyors and confirmation of the court of quarter sessions, in 1859. The street was marked seventy-eight feet wide and called “railroad,” on the plan. Prior to that time the Philadelphia, Germantown & Norristown Railroad had occupied about forty-eight feet of the bed of the street plotted as above stated. On April 19,1879, the width of the street was reduced on the plan of the city to thirty-six feet and on June 3, 1895, to thirty feet. The report of the viewers finds, inter alia, that “ the said Cresson street between Shur’s lane and Cedar street was opened by user and not by ordinance of councils or by the court of quarter sessions and was never so used of a greater width than thirty feet southwestward from the building line on the northeast side of Cresson street between Cedar street and Shur’s lane. The property on the southwest side of Cresson street between Cedar street and Shur’s lane for a width of forty-eight feet is and has been occupied for many years ” by the railroad; that the building line on the northeast side of Cresson street was established by the plan of 1859; that no alteration was made in that line by either the revision of April 19,1879, or June 3,1895, but that the reductions in width were both made on the railroad side.
The appellant being an owner of property on the northeast side of Cresson street claims that he has been damaged by the reduction in the plotted width of the street, and the jury of view have given him damages. The court below has set the verdict aside and has sustained certain specified exceptions. In this there was no error. By the findings of the jury of view it ap
The city of Philadelphia has taken an appeal to the court of common pleas from the award of the jury of view. It is argued that thereby the city lost her right to file exceptions. The matter is ruled by Bowers v. Braddock, 172 Pa. 596. “The filing of exceptions to the report of viewers has nothing to do with the right of appeal. . . . The hearing of the exceptions can go on and be completed before the case is actually tried and if the
The judgment of the court below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.