Stork v. City of Philadelphia

Citations

• 195 Pa. 101
• 45 A. 678
• 1900 Pa. LEXIS 591

Syllabus

<p>Hoad lato—Injury caused by negligence in exercise of right of eminent domain—Constitution, article 16. section 8—Act of May 16, 1891, P.L. 75.</p> <p>The absolute liability imposed upon a municipality by the constitution for injury to property, and put by the constitution on the same footing as a taking for public use, is such injury only as is the direct, immediate, necessary and unavoidable consequence of the act of eminent domain itself irrespective of care or negligence in the doing of it. For such injury a proceeding beEore viewers is the appropriate remedy; but for injury by l negligent performance of the work, the remedy must be by action of trespass.</p> <p>Where a city in the construction of a subway for a railroad changes the grade of an established street, and excavates a lot abutting upon the street in such a negligent manner, that a house adjacent to such lot, but not on the line of the improvement, is injured, the remedy of the owner of the house is by an action of trespass against the city, and not by proceedings before viewers. Dean and Mestrezat, JJ., dissent.</p>