Case of the Plan of the Third Division
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia county. '• The president, managers, and company, of the Germantown and Perkiomen Turnpike Road, removed to this court the order of the Court of Quarter Sessions of the county of Philadelphia, dismissing the exception filed by them to the plan of the Third Division of the District of Kensington, together with the proceedings thereon.
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Certiorari to the Court of Quarter Sessions of Philadelphia county. '• The president, managers, and company, of the Germantown and Perkiomen Turnpike Road, removed to this court the order of the Court of Quarter Sessions of the county of Philadelphia, dismissing the exception filed by them to the plan of the Third Division of the District of Kensington, together with the proceedings thereon. The following error was assigned in the proceedings of the court .below:— “By an act, passed ttio 12th of February, 1801, entitled, ‘An act to enable the governor to incorporate a company to make an…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— In the eighteenth section of the act to incorporate the Kensington District of the Northern Liberties, the commissioners are authorised to appoint one or more surveyers, who are required not only to survey and mark thé lines of all streets, &c. then open, but also to survey and lay out such other new streets, lanes, and alleys, &e. as they might deem necessary for-a regular and convenient town plan; and for these and other purposes, they were vested, with full power and authority to enter upon the lands of any person within the district.…
2Cases cited1 opinion
- Reese v. AddamsSupreme Court of Pennsylvania · 1827
3Cited by3 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Succession of EdwardsSupreme Court of Louisiana · 1882