Keene v. The Borough of Bristol

• Court: Pennsylvania Supreme Court
• Writing for the Court: Knox
• Citation: Keene v. The Borough of Bristol, 26 Pa. 46 (Pa. 1856)
• Decision Date: 01 January 1856
• Parties: Keene versus The Borough of Bristol.

26 Pa. 46

Keene versus The Borough of Bristol.

Supreme Court of Pennsylvania.

This was a bill in equity filed in the Supreme Court, in the Middle District, at May Term, 1856, by Sarah L. Keene, of the city of Philadelphia, against the Burgess and Council of the Incorporated Borough of Bristol, in the county of Bucks.

C. B. Penrose and H. E. Keene, for complainant.

John M. Read, for respondents.

The opinion of the court was delivered by KNOX, J.

The complainant has filed a bill in this court to enjoin the defendants from opening a street through her lands in the borough of Bristol. The motion now before us is for a preliminary injunction; and all that is necessary for us to say at this stage of the case is, that the argument has failed to convince us that the act of 18th February, 1853, which authorizes the burgess and town council of the borough of Bristol to lay out and construct streets in said borough, is unconstitutional.

Ordinarily the power of taxation which is given to municipal corporations is adequate security to the citizen for his property which may be taken in opening streets for public use. No other security need be required in the act of the General Assembly giving the corporate authorities power to open streets. Where, however, it is clearly shown that the power of taxation is inadequate within a reasonable time to pay the damages likely to be occasioned, we have no doubt that it is the right and duty of this court to interfere, when properly called upon, and prevent the property from being taken or the damages from being done, until adequate security is given. The present is a case...