O'Brien v. City of Philadelphia

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtSTERRETT, J.
Citation24 A. 1047,150 Pa.St. 589
PartiesO'BRIEN v. CITY OF PHILADELPHIA.
Decision Date03 October 1892
24 A. 1047
150 Pa.St. 589

O'BRIEN
v.
CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Oct. 3, 1892.


Appeal from court of common pleas, Philadelphia county; Craig Biddle, Judge.

Action by John O'Brien against the city of Philadelphia to recover damages resulting from the change of grade in the street in front of plaintiff's property. Plaintiff had judgment, and defendant appeals. Affirmed.

E. Spencer Miller and Charles B. McMichael, Asst. City Sols., and Charles F. Warwick, City. Sol., for appellant.

Thomas Learning and Henry C. Terry, for appellee.

STERRETT, J. For many years prior to commencement of this suit plaintiff owned a house and lot fronting on Haines street, between Stenton avenue and Limekiln pike, now in the Twenty-Second ward of Philadelphia. Prior to 1761, what is now Haines street was an old road. In that year a jury of view, appointed by the court of quarter sessions, reported said road, with courses, etc., but without any fixed grade, as a public highway, and in September of same year their report was duly confirmed by said court. Subsequently the natural surface of the land on which the road was located was somewhat changed, and the grade of the road thereby improved. As a public highway this road has been continuously traveled ever since, and from time to time detached dwellings, fronting upon it. have been erected. Meanwhile the territory on part of which the road was located was absorbed by the city, and is now part of said ward. In 1871—more than a century after said road was recorded as a public highway—a plan of that section of the city embracing that part of said road now called "Haines Street," on which plaintiff's property is located, was presented and confirmed. By that plan a grade of the street differing materially from the traveled grade was prescribed. This first established paper grade called for raising Haines street opposite plaintiff's house, which was erected before said plan was confirmed. In 1888, Haines street was physically graded so as to conform to the grade established as aforesaid in 1871. By that act of the city the street opposite plaintiff's house was so raised as to leave his house considerably below the changed surface of the street. For the injury thus sustained by plaintiff this suit was brought, and a verdict rendered in his favor for $240, subject to the opinion of the court below on the following question of law reserved: "Whether a plaintiff who has built a house upon his lot in conformity with the existing physical grade of an old and open public highway can recover damages from the city of Philadelphia for depreciation in the value of the property occasioned by changing the de facto physical elevation of the highway in front of the lot to conform to a plan regulation legally confirmed after the building of the house, said plan being the first regulation of grade, and differing from the de tacto physical elevation of the old highway in front of...

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15 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...Taylor, 125 U.S. 161; Mayor, &c., v. Herman, 16 So. 434; St. Louis v. Lang, 33 S.W. 54; Ogden v. Phila., 22 A. 694; O'Brien v. Phila., 24 A. 1047.) There seems to be no reason for distinguishing between damages occasioned under an ordinance changing the grade, and those caused under an ......
  • Muse v. Mississippi State Highway Commission, No. 40883
    • United States
    • United States State Supreme Court of Mississippi
    • June 9, 1958
    ...without considering general benefits or injuries shared by the public in general. See, also, note to O'Brien v. Philadelphia, [150 Pa. 589, 24 A. 1047], 30 Am.St.Rep. , 840; Warren County v. Rand, 88 Miss. 395, 40 So. 481; Miss.Digest (Bobbs-Merrill) title 'Eminent Domain,' Secs. 122 to 144......
  • Hempstead v. Salt Lake City, 1803
    • United States
    • Supreme Court of Utah
    • May 8, 1907
    ...Saratoga Springs, 9 N.Y.S. 170; Appeal of Hendricks, 103 Penn. 358; Fort Worth v. Howard [Tex.], 22 S.W. 1059; O'Brien v. Philadelphia, 150 Pa. St. 589; Bloomington v. Pollock, 141 Ill. 346; Hickman v. City of Kansas [Mo.], 23 L. R. A. 658; Searle v. Lead [S. D.], 39 L. R. A. 345. FRICK, J.......
  • Williams v. City of Fargo, No. 6070.
    • United States
    • United States State Supreme Court of North Dakota
    • March 6, 1933
    ...Chicago v. Taylor, 125 U. S. 161, 8 S. Ct. 820, 31 L. Ed. 638;Rigney v. City of Chicago, 102 Ill. 64;O'Brien v. Philadelphia, 150 Pa. 589, 24 A. 1047, 30 Am. St. Rep. 832. The plaintiff deeded the right of way on Twelfth street to the defendant city on the 11th day of August, 1927, and was ......
  • Request a trial to view additional results
15 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...Taylor, 125 U.S. 161; Mayor, &c., v. Herman, 16 So. 434; St. Louis v. Lang, 33 S.W. 54; Ogden v. Phila., 22 A. 694; O'Brien v. Phila., 24 A. 1047.) There seems to be no reason for distinguishing between damages occasioned under an ordinance changing the grade, and those caused under an ......
  • Muse v. Mississippi State Highway Commission, No. 40883
    • United States
    • United States State Supreme Court of Mississippi
    • June 9, 1958
    ...without considering general benefits or injuries shared by the public in general. See, also, note to O'Brien v. Philadelphia, [150 Pa. 589, 24 A. 1047], 30 Am.St.Rep. , 840; Warren County v. Rand, 88 Miss. 395, 40 So. 481; Miss.Digest (Bobbs-Merrill) title 'Eminent Domain,' Secs. 122 to 144......
  • Hempstead v. Salt Lake City, 1803
    • United States
    • Supreme Court of Utah
    • May 8, 1907
    ...Saratoga Springs, 9 N.Y.S. 170; Appeal of Hendricks, 103 Penn. 358; Fort Worth v. Howard [Tex.], 22 S.W. 1059; O'Brien v. Philadelphia, 150 Pa. St. 589; Bloomington v. Pollock, 141 Ill. 346; Hickman v. City of Kansas [Mo.], 23 L. R. A. 658; Searle v. Lead [S. D.], 39 L. R. A. 345. FRICK, J.......
  • Williams v. City of Fargo, No. 6070.
    • United States
    • United States State Supreme Court of North Dakota
    • March 6, 1933
    ...Chicago v. Taylor, 125 U. S. 161, 8 S. Ct. 820, 31 L. Ed. 638;Rigney v. City of Chicago, 102 Ill. 64;O'Brien v. Philadelphia, 150 Pa. 589, 24 A. 1047, 30 Am. St. Rep. 832. The plaintiff deeded the right of way on Twelfth street to the defendant city on the 11th day of August, 1927, and was ......
  • Request a trial to view additional results

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