Volkmar Street, Philadelphia

Citations

• 124 Pa. 320
• 16 A. 867
• 1889 Pa. LEXIS 1037

Syllabus

<p>(a) In 1880, Volkmar street, Philadelphia, was ordered to be opened under the act of March 6, 1820, 7 Sm. L. 265, which provided : “ That no such street, road, lane or alley so laid out, shall be opened and appropriated to public use, until the owner or owners of the ground, through and over which the same may pass, shall have been compensated for any damage he or they may sustain thereby.”</p> <p>(h) In 1888, the order remaining unexecuted, a property owner presented his petition to the Court of Quarter Sessions for the appointment of a jury of view for the ascertainment of damages, which petition on rule granted was afterward quashed upon the ground that it was filed more than six years after the order to open was awarded.</p> <p>1. In such ease, as between the city and the property owner, no right of action accrued until some act was done, or notice or demand made, affecting or relating to the possession or appropriation of the land to the actual opening of the street : wherefore, the order quashing the proceedings was affirmed, not because the statute of limitations had already barred the demand, but because the right had not yet accrued.</p> <p>2. The question, whether the property owner might give notice of his intention to abandon to the city the land covered by the plotted street, and then proceed to have his damages ascertained and paid, is not raised upon the record and is therefore not decided.</p>