Legal Opinion

Morrison's Cove Turnpike Road

Superior Court of Pennsylvania

Decided January 13, 1906No. Appeal, No. 183Published

Appeal, No. 183, by the Morrison’s Cove Turnpike Company, from order of Q. S. Blair Co., June T., 1903, No. 7, dismissing exceptions to report of jury of view In re Morrison’s Cove Turnpike Road. Exceptions to report of jury of view.

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Appeal, No. 183, by the Morrison’s Cove Turnpike Company, from order of Q. S. Blair Co., June T., 1903, No. 7, dismissing exceptions to report of jury of view In re Morrison’s Cove Turnpike Road. Exceptions to report of jury of view. Bell, P. J., filed the following opinion: A careful- reading of the Act of June 2, 1887, P. L. 306, Purdon’s Digest, p. 2049, “authorizing the condemnation of. turnpikes,” convinces us that the court alone passes on the question as to whether the turnpike in question should be condemned. After a jury of view’ has reported in favor of such condemnation, exceptions…

1Opinion of the Court

Opinion by

Orlady, J.,

This condemnation proceeding of a turnpike road, which had been incorporated by Act of April 11, 1848, P. L. 635, was begun under the provisions of the Act of June 2, 1887, P. L. 306, by a petition of a large number of citizens of the county in which it is located. The formalities required by the latter statute were strictly followed down to the return of the master and jury of view, which found that it was for the best interests of the people of Blair county that the turnpike should be condemned for public use, to be free from tolls and toll gates, and assessed the…

2Cases cited2 opinions

  1. Chambersburg & Bedford Turnpike RoadSuperior Court of Pennsylvania · 1902
  2. Factoryville & Abington Turnpike & Plank RoadSuperior Court of Pennsylvania · 1902

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