Delaware Avenue
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia: No. 196, to July Term 1869. On the 6th-of October 1868, the Court of Quarter Sessions of Philadelphia, on the petition of Samuel B. Bailey,. appointed viewers to' assess damages to him by reason of the opening of Delaware Avenue, between Davis and Catharine streets, through a piece of ground, owned by the petitioner.
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Certiorari to the Court of Quarter Sessions of Philadelphia: No. 196, to July Term 1869. On the 6th-of October 1868, the Court of Quarter Sessions of Philadelphia, on the petition of Samuel B. Bailey,. appointed viewers to' assess damages to him by reason of the opening of Delaware Avenue, between Davis and Catharine streets, through a piece of ground, owned by the petitioner. The viewers reported that they held a number of meetings, as set out in their report, and that there were present at these meetings the counsel of the petitioner, counsel of the "estate of Daniel McCarthy, deceased, and…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
It is not for this court to determine the motives of the legislature of 1869 in passing the Act of 3d May, relative to orders of road view and assessment of damages, in Philadelphia county, Pamph. L. 1869,1247. They may not have been justifiable. But we find that'the act, in the most direct and explicit language, declares “ that no report of viewers appointed, &c., shall be set aside unless in pursuance of some exception filed to the said report as in the said act provided (13th April 1854), and in all cases, &c., brought into the Supreme…
2Cited by1 opinion
- Thirtieth StreetSupreme Court of Pennsylvania · 1892