Uhler v. Cowen

Citations

• 199 Pa. 316
• 49 A. 77
• 1901 Pa. LEXIS 599

Syllabus

<p>Landlord and tenant—Condemnation of portion of demised premises— Road law—Act of April 21, 1855, P. L. 266.</p> <p>Where under the Act of April 21, 1855, P. L. 266, which authorizes a city to open a street on three months’ notice to the property owner, the city notifies a landlord that at the expiration of three months the city will require certain demised premises for public use, and that the property will be entered upon to the extent required for construction purposes, and this notice is served by the landlord on the tenants, the tenants may remove from the premises in pursuance of the notice given them, and their liability for rent ceases at the expiration of three months from the date of the notice.</p> <p>In such a case the right of action for damages accrues to the landowner immediately on receipt of the notice, and he may proceed forthwith to have his damages assessed, and nothing can arrest the progress of the proceedings, except an abandonment by the city of its intention to widen the street, and even in case of abandonment the city will be liable to the owner for any damages he may have sustained.</p>