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PAXSON v. SMOCK

September 26, 1947

PAXSON et al.
v.
SMOCK, Secretary of Highways of Pennsylvania, et al.



The opinion of the court was delivered by: BARD

This comes before the Court:

(1) On plaintiffs' complaint and motion for an injunction to restrain defendants from evicting plaintiffs from premises tenanted by plaintiffs and owned by the Commonwealth of Pennsylvania; and

 (2) On defendants' motion to dismiss plaintiffs' complaint.

 At the hearing on plaintiffs' motion for a preliminary injunction it was agreed that the testimony presented be considered as on final hearing.

 I make the following special

 Findings of Fact:

 1. The Commonwealth of Pennsylvania is the owner of the following premises situate in the City of Philadelphia:

 (a) 244 North Franklin Street

 (b) 816 Vine Street

 (c) 728 Vine Street

 (d) 268 North Darien Street

 (e) 820 Vine Street

 (f) 822 Vine Street

 2. These premises are all located in the vicinity of Vine Street between Sixth and Ninth Streets. Title to these premises was originally acquired by the Commonwealth of Pennsylvania in 1942 by condemnation proceedings for the purpose of widening Vine Street from Sixth Street to Eighteenth Street in order to relieve highway congestion to and from the Delaware River Bridge.

 3. Because of the War, the Commonwealth did not proceed with its plans of demolition of the houses erected on these premises, but instead issued leases covering these premises to sundry tenants at various intervals.

 4. On October 17, 1945, the Commonwealth leased the premises 244 North Franklin Street to Leroy W. Paxson and Julia A. Paxson, his wife, for the term of month to month, for an annual rental of $ 660, payable in equal monthly instalments of $ 55.

 5. The Paxson family occupied these premises as a family residence until September 23, 1947, and, in addition, Mrs. Paxson conducted ...


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