Shaaber v. City of Reading

Citations

• 133 Pa. 643
• 19 A. 419
• 1890 Pa. LEXIS 942

Syllabus

<p>(a) Prior to 1874, the opening of streets in the city of Reading was governed by the act of April 26, 1864, P. L. 583, and that of April 13, 1868, P. L. 1056, under which acts the necessity for ojiening a street and the damages resulting to property owners were passed upon by the same board of viewers, appointed by the Court of Quarter Sessions:</p> <p>1. By the act of May 23, 1874, P. L. 230, under which that city became a city of the third class, the jurisdiction of the Court of Quarter Sessions as to opening streets therein was not taken away, but was left to be exercised, in all cases where proceedings to open are conducted at the instance of private persons, and in all other cases in which the city elects to invoke it, precisely as before the city came under that act.</p> <p>2. But, whenever the city elects to exercise the new power to open a street without the supervisory control of the Court of Quarter Sessions, conferred on cities of the third class by the act of 1874, or to appropriate private property thereunder for the purposes of gas or water supply or other municipal objects, compensation to the owner must be - secured and adjusted solely through the Court of Common Pleas.</p> <p>3. The provisions of the act of 1874 empowering cities of the third class to determine for themselves the question of opening streets, and to appropriate land for that purpose, directing that the damages arising to landowners therefrom shall be assessed by proceedings in the Court of ' Common Pleas, and authorizing the approval by said court of security for such damages, are not unconstitutional: Ruan Street, 132 Pa. 257, distinguished.</p>