Carpenter v. City of Lancaster
Carpenter v. City of Lancaster
Opinion of the Court
Opinion by
This was an issue to determine what damages, if any, the plaintiff suffered by reason of the construction of a sewer on the line of Susquehanna street in the City of Lancaster. It appears that the city exercised its power of eminent domain to open Susquehanna street through the land of the plaintiff. Damages for the opening of the street were duly assessed and awarded, and as we were informed at the argument, these damages have been paid. The City of Lancaster also constructed a sewer on Susquehanna street, and for this the plaintiff sought, in this separate proceeding, to recover additional damages. The court below rightfully held that
The assignments of error are overruled, and the judg ment is affirmed.
Reference
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- Status
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- Syllabus
- Eminent domain — Municipalities—Streets—Opening of street— Damages — Construction of sewer. The appropriation of the land of private owners by a city for street purposes, includes the use of that land for all of the ordinary requirements of a municipality, such as the construction of sewers and the laying of gas and water pipes, and the subsequent use of the street for any such purpose cannot be regarded as the imposition of an additional servitude entitling the owner of the fee to additional compensation beyond that received for the opening of the street.