Legal Opinion

Frederick Street

Supreme Court of Pennsylvania

Decided July 13, 1892No. Appeal, No. 817PublishedCited by 15 opinions

Appeal, No. 817, Jan. T., 1892, of Hanover Borough, from decree of C. P. York Co., sustaining an appeal from an order appointing viewers to assess damages for the widening of Frederick street in said borough and quashing the proceedings.

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Appeal, No. 817, Jan. T., 1892, of Hanover Borough, from decree of C. P. York Co., sustaining an appeal from an order appointing viewers to assess damages for the widening of Frederick street in said borough and quashing the proceedings. The facts, as they appeared before the court below, Bittengker, J., Avere to the following effect: Hanover borough, a borough subject to the general borough Act of 1851, P. L. 820, on Oct. 17,1891, of its own motion, passed an ordinance, under tbe Act of 1851, for the widening and adopting of Frederick street. On Nov. 16, 1891, the borough presented its…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The main ground on which the proceedings were set aside by the learned judge below has since been taken away by the decision of this court in Hand v. Fellows, 30 W. N. 72, and McCall v. Coates, 23 Atl. Rep. 1126, 1127. It was there held that the Act of May 16, 1891, P. L. 75, in relation to laying out, opening, etc., streets, etc., in the several municipalities of the commonwealth, is an affirmative Act, conferring additional and cumulative powers, on municipalities of all grades, but repealing no prior statute expressly, nor any portion thereof by implication “…

2Cases cited1 opinion

  1. Hand v. FellowsSupreme Court of Pennsylvania · 1892

3Cited by15 opinions

  1. Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
  2. Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
  3. Jackson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
  4. Beltzhoover Borough v. Heirs of BeltzhooverSupreme Court of Pennsylvania · 1896
  5. In re Opening of ParkwaySupreme Court of Pennsylvania · 1915

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