Ogden v. City of Philadelphia

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtMITCHELL, J.
Citation22 A. 694,143 Pa.St. 430
Decision Date05 October 1891
PartiesOGDEN v. CITY OF PHILADELPHIA. ELLIS v. SAME.
22 A. 694
143 Pa.St. 430

OGDEN
v.
CITY OF PHILADELPHIA.

ELLIS
v.
SAME.

Supreme Court of Pennsylvania.

Oct. 5, 1891.


Appeals from court of common pleas, Philadelphia county.

Actions by Richard T. Ogden and Margaret H. Ellis, respectively, against the city of Philadelphia, for damages for change of a street grade. Nonsuits were granted, and plaintiffs appealed. Reversed.

Joseph S. Goodbread, for appellant Ogden.

E. C. Rhoads, for appellant Ellis.

Howard A. Davis, James Alcorn, and C. F. Warwick, for appellee.

MITCHELL, J. In the absence of any opinion by the court below, we are left to gather the grounds of the nonsuit from the facts and the arguments of counsel. The facts, which do not appear to be disputed, are that the first grade for North street was established on the city plan in 1871, but nothing was done on the ground until 1887. For the establishment of the grade of 1871 there was no right of action. O'Connor v. Pittsburgh, 18 Pa. St. 187;

City of Philadelphia v. Wright, 100 Pa. St. 235. Therefore the statute of limitations could not begin to run from that date. But the constitution of 1873, art. 16, § 8, gave a right to the owners to have compensation for property injured as well as for property taken by municipal and other corporations in the construction or enlargement of their works. The right of action which this section gives is clearly for the actual establishment of the grade on the land. The general rule is that the cause of action arises when the injury is complete, and this has been uniformly applied to the taker of property for public use, from the case of Navigation Co. v. Thoburn,7 Serg. & B. 411, down to the present day. Volkmar St., 124 Pa. St. 320, 16 Atl. Rep. 867; Whitaker v. Phcenixville, (Pa.) 21 Atl. Rep. 604; City of Philadelphia's Appeal, (Pa.) Id. 828. The cases which were governed by a different rule were exceptions, such as those arising under section 27 of the consolidation act of February 2, 1854, which in express terms gave damages for a change of grade regulations. In re Plan 166, 22 Atl. Rep. 669, (opinion filed herewith.) There is nothing in the constitutional provision which indicates an intent to depart from the general rule under which, in the present case, the cause of action could not arise until the actual cutting down of the ground in 1887. No point is made that the action should have been brought originally in the common pleas. The city, instead of raising the question of...

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5 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...v. Ayres, 106 Ill. 511; Chicago v. 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 gr......
  • Blair v. City Of Charleston
    • United States
    • Supreme Court of West Virginia
    • December 31, 1896
    ...in City of Chicago v. Taylor, 125 U. S. 160, 8 Sup. Ct 820. See Eachus v. Railway Co., 103 Cal. 614, 37 Pac. 750; Ogden v. Philadelphia, 143 Pa. St. 430, 22 Atl. 694; Brown v. City of Lowell, 8 Metc. (Mass.) 172; Dill. Mun. Corp. 1225, note. In Jones v. Borough of Bangor, 144 Pa. St. 638, 2......
  • Cass v. Pa. Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 30, 1893
    ...and in O'Brien v. Philadelphia, 150 Pa.St. 593, 24 Atl. 1047, the present chief justice, quoting from Ogden v. City of Philadelphia, 143 Pa.St. 430, 22 Atl. 694, says this rule has been uniformly applied to the taking of private property for public use, from the case of Navigation Co. v. Th......
  • O'Brien v. City of Philadelphia
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 3, 1892
    ...in error purchased, and for damages sustained by work done since the adoption of the constitution." In Ogden v. City of Philadelphia, 143 Pa St. 430, 22 Atl. Rep. 694, the claim was for damages caused by grading North street. After stating the undisputed facts were "that the first grade * *......
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5 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...v. Ayres, 106 Ill. 511; Chicago v. 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 gr......
  • Blair v. City Of Charleston
    • United States
    • Supreme Court of West Virginia
    • December 31, 1896
    ...in City of Chicago v. Taylor, 125 U. S. 160, 8 Sup. Ct 820. See Eachus v. Railway Co., 103 Cal. 614, 37 Pac. 750; Ogden v. Philadelphia, 143 Pa. St. 430, 22 Atl. 694; Brown v. City of Lowell, 8 Metc. (Mass.) 172; Dill. Mun. Corp. 1225, note. In Jones v. Borough of Bangor, 144 Pa. St. 638, 2......
  • Cass v. Pa. Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 30, 1893
    ...and in O'Brien v. Philadelphia, 150 Pa.St. 593, 24 Atl. 1047, the present chief justice, quoting from Ogden v. City of Philadelphia, 143 Pa.St. 430, 22 Atl. 694, says this rule has been uniformly applied to the taking of private property for public use, from the case of Navigation Co. v. Th......
  • O'Brien v. City of Philadelphia
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 3, 1892
    ...in error purchased, and for damages sustained by work done since the adoption of the constitution." In Ogden v. City of Philadelphia, 143 Pa St. 430, 22 Atl. Rep. 694, the claim was for damages caused by grading North street. After stating the undisputed facts were "that the first grade * *......
  • Request a trial to view additional results

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