Ehlers v. City of Philadelphia

Decision Date05 February 1912
PartiesEHLERS v. CITY OF PHILADELPHIA.
CourtPennsylvania Supreme Court
83 A. 431
234 Pa. 591

EHLERS
v.
CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Feb. 5, 1912.


Appeal from Court of Common Pleas, Philadelphia County.

Action by Julius C. Ehlers against the City of Philadelphia. From an order refusing to take off nonsuit, plaintiff appeals. Affirmed.

Argued before FELL, C. J., and BROWN, MESTREZAT, POTTER, ELKIN, STEWART, and MOSCHZISKER, JJ.

Frederick H. Warner, for appellant.

Percy C. Feger, Edgar Dudley Faries, Asst City Sol., and Michael J. Ryan, City Sol., for appellee.

MOSCHZISKER, J. The refusal to take off the nonsuit entered in this case is amply sustained by the following excerpts from the opinion of the learned trial judge:

"By an ordinance approved October 13, 1906, the city of Philadelphia directed the opening of the thoroughfare known as the

83 A. 432

Parkway northwestward from Logan square to Spring Garden street and provided that notice should be given to the owners of the strip of land thus appropriated that at the expiration of three months that highway would be opened through their property. The Parkway has since been actually opened in that part of its course. At the time of the passage of this ordinance, Julius C. Ehlers was the occupant of property known as No. 2211 Noble street in which he carried on a laundry business. The building was owned by Seafrled Bros. On April 1, 1902, by a written lease now lost it had been let by its owners for the term of three years from that date to Julius C. Ehlers and William C. Chryst, copartners, trading as the Mechanics' Laundry, at a rental of $20 per month; the lessees paying the water rent and the cost of repairs. The lease provided that it should continue in force from year to year until one of the parties thereto should have notified the other six months prior to the end of the current year that the tenancy would then be terminated. Ehlers and Chryst held over after the expiration of their original term of three years, and on October 1, 1906, dissolved their partnership. The lease, with the machinery that the firm had installed in the premises demised, was orally assigned to Ehlers who continued to carry on the laundry business there, and who thereafter was recognized by Seafrled Bros, as their tenant under the written lease they had given to his firm. Neither landlords nor tenant ever signified to the other an intention that Ehler's occupancy of the property should cease on March 31, 1907."

"On October 15, 1906, a written notice signed by the...

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  • Commonwealth v. De Masi
    • United States
    • Pennsylvania Supreme Court
    • 5 Febrero 1912
    ...Pa. 570 COMMONWEALTH v. DE MASI. Supreme Court of Pennsylvania. Feb. 5, 1912. Appeal from Court of Oyer and Terminer, Philadelphia County. 83 A. 431 Sabatino De Masi was convicted of murder of the first degree, and appeals. Argued before FELL, C. J., and BROWN, MESTREZAT, POTTER, ELKIN, STE......

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