Whitaker v. Phœnixville Bor.

Citations

• 141 Pa. 327
• 21 A. 604
• 1891 Pa. LEXIS 1072

Syllabus

<p>1. Damages to a lot owner from the opening of a borough street, assessed under § 1, act of April 22, 1856, P. L. 525, are to be ascertained as of the time of the opening, and not as of the time the street was established by the ordinance: Easton Bor. v. Rinek, 116 Pa. 1 ; Yolkmar St., 124 Pa. 320; — Philadelphia y. Dickson, 38 Pa. 247, distinguished.</p> <p>(a) Adjoining borough lots, say A, B and C, were owned by the same person at the time when an ordinance was enacted establishing a new street occupying the whole of lot A. Afterward the owner sold lot B, retaining lot 0, and at a still later date proceedings were begun for the opening of the street and the assessment of damages :</p> <p>2. In such case, the owner was entitled to the value of lot A, occupied wholly by the street, undiminished by benefits or advantages to lots B and C-, if any existed; and this, notwithstanding the fact that, in the sale of lot B, an increased price was received on account of the prior establishment of the street by the ordinance.</p>