Legal Opinion

Case of Noble Street

Supreme Court of Pennsylvania

Decided February 24, 1840Published

CERTIORAEL This was a certiorari to the Court of Quarter Sessions for the County of Philadelphia, to remove the record of the proceedings in that Court, for the laying out and widening of Noble street, in the Northern Liberties of the City of Philadelphia. By the record and papers returned it appeared, that the following proceedings were had in the Court below. I. In the Case of Noble street from New Market street to Oak street.

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CERTIORAEL This was a certiorari to the Court of Quarter Sessions for the County of Philadelphia, to remove the record of the proceedings in that Court, for the laying out and widening of Noble street, in the Northern Liberties of the City of Philadelphia. By the record and papers returned it appeared, that the following proceedings were had in the Court below. I. In the Case of Noble street from New Market street to Oak street. On. the 22d of September, 1831, a petition was presented to widen the street forty feet, and for a jury of view -r and on the same day a jury was appointed. On the…

1Per curiam

Though it was said in the Case of the West Chester Road, (2 Rawle, 421,) that viewers may carry a road to the point designated partly over the bed of a road already laid out, yet different considerations are presented in the case of a street. Neither uncertainty nor collision is pi’oduced by the partial interference of public highways: but great uncertainty necessarily arises from laying out a narrower street in the middle of a broader one, unless the broader one be at the same time vacated. Without that, it would be impossible for the owners of the adjoining ground to adjust the fronts of…

2Cases cited1 opinion

  1. Case of a Road from the West Chester RoadSupreme Court of Pennsylvania · 1830

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