Case of Spring Garden Street
Supreme Court of Pennsylvania
This was a certiorari to the Court of Quarter Sessions of Philadelphia county, to bring up the proceedings of the court and jury assessing damages on opening Spring Garden street, in the District of Spring Garden, from Tenth to Sixth street.
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This was a certiorari to the Court of Quarter Sessions of Philadelphia county, to bring up the proceedings of the court and jury assessing damages on opening Spring Garden street, in the District of Spring Garden, from Tenth to Sixth street. A rule to shew cause why a mandamus should not issue to compel the president judge of the Court of Quarter Sessions to file his opinion of record, that the same might be brought into review before this court, was moved for on behalf of A. L. Pennock. Biddle and Chauncey endeavoured to sustain the rule, under the act of the 24th of February, 1806, section…
1Per curiam
The Quarter Sessions had undoubted jurisdiction. The object of the legislature was to amend the plan as confirmed, leaving the existing law in force as regards the rights and remedies of the parties; not to lay out a new and independent street. As to the objection that the viewers conversed with the owners of property adjoining, in the absence of the parties interested, we see nothing wrong in that. An inquest of this sort is restrained to no peculiar species of evidence, and may resort to any source of information which the members of it may think proper — even the evidence of their senses.…
2Cases cited1 opinion
- Certiorari to the Sessions of Delaware CountySupreme Court of Pennsylvania · 1807
3Cited by6 opinions
- In re JohnNew York Supreme Court · 1839
- Simpson v. RhinelandersNew York Supreme Court · 1838
- Commonwealth v. LaubSupreme Court of Pennsylvania · 1841
- In re Private Road of BrubakerCommonwealth Court of Pennsylvania · 1976
- Meese v. LevisSupreme Court of Pennsylvania · 1850
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