The City of Philadelphia v. Eastwick
| Decision Date | 01 January 1860 |
| Citation | 35 Pa. 75 |
| Parties | The City of Philadelphia versus Eastwick. |
| Court | Pennsylvania Supreme Court |
A. Miller, for the plaintiff in error.
Lex and J. B. Townsend, for the defendant in error.
Under the provisions of their charter, The Philadelphia, Wilmington, and Baltimore Railroad Company, in the year 1838, located their railroad on the south side of the Gray's Ferry road, in the township of Passyunk, afterwards the district of Moyamensing, through a piece of land belonging to Deborah Bingham and others; who, on the 26th June in the same year, by deed, conveyed to the said company, the full right and privilege to construct and for ever maintain and use their said railroad through the said land, so long as required for such railroad. They also released the said company from all damages and compensation to which they were entitled, for the sum of $2000; and, in consideration of the advantages to them of said railroad, and of the payment of the said sum of money, agreed to erect and for ever repair, support, and maintain, without further charge to the said company, a good and substantial four-railed fence or other lawful fence, on each side of the said railroad as far as their lands bounded on the same.
By the 6th section of an Act passed 26th March 1852, P Laws 252, the board of commissioners of the district of Moyamensing were to proceed without delay to regulate, pave, and curb the Gray's Ferry road in said district, from the junction of Federal street and the Gray's Ferry road, to the abutment of the Gray's Ferry bridge, and to charge the expense of curbing and paving to the owners of property fronting thereon, in proportion to the actual front owned by each — they were empowered to file liens, and to have the legal rights and remedies for recovery thereof, as they then had for the recovery of claims for curbing and paving — "the expense of regulating and grading of the sidewalks and the main street to be borne by the district of Moyamensing."
The paving was done in 1854, under a contract made by the commissioners after the passage of the Consolidation Act, but just previous to the merger of their powers in the new corporation of the city of Philadelphia. The city of Philadelphia, in 1855, filed two liens for this paving, one against the railroad company, as owner or reputed owner, against the strip of ground occupied by the railroad,...
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Holt v. City Council of Somerville
...side of the street, and the whole of the highway is excluded. Smith v. Slocomb, 9 Gray 36. Boston v. Richardson, 13 Allen 146. Philadelphia v. Eastwick, 35 Pa. 75. It also appears that all the owners of land actually were settled with, and conveyed titles by warranty deeds to the city, exce......