County of Lancaster v. Frey
Lancaster County Court of Quarter Sessions
No. 341 January Term 1889, Sup. Ct.; court below, No. 66 April Term 1884, Q. S. On April 21,1884, Jacob L. Frey presented his petition to the Court of Quarter Sessions of Lancaster county in which he averred: “ That at the April sessions, in the year 1884, of the said court, a petition was presented praying for the appointment of viewers to assess the damages caused by the opening of First street in the city of Lancaster, from West End avenue to Dorwart street, and the court…
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No. 341 January Term 1889, Sup. Ct.; court below, No. 66 April Term 1884, Q. S. On April 21,1884, Jacob L. Frey presented his petition to the Court of Quarter Sessions of Lancaster county in which he averred: “ That at the April sessions, in the year 1884, of the said court, a petition was presented praying for the appointment of viewers to assess the damages caused by the opening of First street in the city of Lancaster, from West End avenue to Dorwart street, and the court therefore appointed .... viewers to assess the same; that the said viewers, in pursuance of the said appointment,…
1Opinion of the Court
Opinion,
Me. Justice Olaek:
The question in this ease turns upon the true and proper construction of the act of April 13, 1854, P. L. 352, entitled “ An act relative to the opening of streets in the city of Lancaster.”
Prior to the year 1850 the city of Lancaster would seem to have been subject to the provisions of the general road law of the state, and damages arising from the opening of streets therein, were payable out of the county treasury. By the eighth section of the act of May 8,1850, P. L. 751, however, it was provided: “ That* no damages whatsoever, which shall hereafter occur to any…
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