In re Kensington & Oxford Turnpike Co.
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia county: Of July Term 1878, No. 14. This was a proceeding instituted under the Act of March 24th 1869, Pamph. L. 525, to relieve a turnpike road in the city of Philadelphia, belonging to the Kensington and Oxford Turnpike Company, from toll, and to throw it open to the public.
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Certiorari to the Court of Quarter Sessions of Philadelphia county: Of July Term 1878, No. 14. This was a proceeding instituted under the Act of March 24th 1869, Pamph. L. 525, to relieve a turnpike road in the city of Philadelphia, belonging to the Kensington and Oxford Turnpike Company, from toll, and to throw it open to the public. On June 4th 1877, a petition of fifty-four citizens praying for such relief and opening was filed, and an examiner was thereupon appointed to take testimony. On November 30th 1877, the examiner filed his report, recommending that the prayer of the petitioners be…
1Opinion of the CourtJustice Paxson
This was a certiorari to the Court of Quarter Sessions of Phila*269delphia county to review the record in a certain proceeding to assess the damages for the taking of the Kensington and Oxford Turnpike Road by the city of Philadelphia.
It is quite time it was understood that this court has no power to review such cases upon the merits. The law gives neither a writ of error nor an appeal to the Quarter Sessions in road cases. The decision of that court is final and conclusive upon all questions touching the merits. We can only review its action upon a writ of certiorari, which brings up nothing but…
2Cases cited1 opinion
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
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- Alberts v. Urban Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1971
- Road in Manheim TownshipSuperior Court of Pennsylvania · 1900
- Huntingdon County LineSuperior Court of Pennsylvania · 1898
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