Ogden v. City of Philadelphia

Citations

• 143 Pa. 430
• 22 A. 694
• 1891 Pa. LEXIS 934

Syllabus

<p>1. No right of action is given by law to landowners for the mere establishment upon the official plans of the city of Philadelphia of a grade for a street which had no established grade prior to February 2, 1854; the right of action given by §8, article XVI. of the constitution, being clearly for the actual establishment of a new grade upon the land.</p> <p>2. Wherefore, the first established grade for a street having been fixed upon the city plan in 1871, but nothing having been done upon the ground until 1887, when the physical change of grade was effected, the statute of limitations did not commence to run against a landowner’s right of action to recover damages for the change, until the actual cutting of the ground in 1887.</p> <p>3. While the remedy to recover compensation for such a change of grade is by action in the Court of Common Pleas, and the Court of Quarter Sessions lias no jurisdiction to assess damages therefor, yet a proceeding for such assessment, commenced in the latter court and brought into the former by appeal of the city, the city waiving any question of jurisdiction, sustained in this instance.</p>