169 Pa. 210 | Pa. | 1895
Opinion by
About fifteen years prior to this proceeding, Joseph F. Greenough, who owned the land, laid out and dedicated to public use, Greenough street, in the Twenty-first ward of the city of Philadelphia. The width of the street was fifty feet; upon it, Donohue, the appellant, erected a three story brick dwelling, eighteen feet front, also put up the usual back buildings. On the 2d of July, 1890, the city councils, by ordinance, authorized the narrowing of the street to a width of thirty feet, by striking off ten feet from each side. This action of councils was at the instance of appellee and others of these exceptants, who filed a bond conditioned for the payment of all damages resulting from the change of the street line. As Donohue had built on the line of a street fifty feet wide, this not only narrowed the street to almost alley dimensions, but enabled Donohue’s neighbors, in the erection of new buildings, to extend to the line ten feet in front of him, obstructing the view from his house, and to some extent concealing it from observation.
On petition of Donohue, the court appointed viewers, who awarded him damages of $700, and to another lot owner, in the same situation, $300, altogether $1,000, which was assessed as benefits on other property owners on the same street. To this award, Isaac Wilde and others assessed with benefits, filed exceptions, denying the jurisdiction of the city councils and court, either to narrow the street, or to assess damages and benefits resulting therefrom.
It does not seem to us important, in the determination of this dispute, to consider the scope of the act of 21st of April, 1858, and prior statutes on the subject of opening, widening
While we think there was jurisdiction to institute the proceeding, we are further of the opinion that the assessment of damages and benefits was within the express authorization of section 13 of the act of 1874.
The case of exceptants is without merit; they asked the councils and courts to do just what they did do, and gave bond to indemnify the city against damages; the purpose having been accomplished, and the advantage secured, they now deny the authority to do what they asked, which, if. concurred in, would wholly relieve them from obligation or liability for benefits.
The decree is reversed, and the report of the jury is confirmed absolutely ; costs to be paid by appellees.