Legal Opinion · Dissent

Franklin Street

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 175Published

Appeal, No. 175, Oct. Sess., 1899, by John Meighan, in the matter of the widening of Franklin street from Germantown avenue to Emlen street, from decree of Q. S. Phila. Co., dismissing exceptions to and confirming second report of the jury of view. Opinion by Rice, P. J. W. W. Porter, J., dissents. Exceptions to report of road jury.

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Appeal, No. 175, Oct. Sess., 1899, by John Meighan, in the matter of the widening of Franklin street from Germantown avenue to Emlen street, from decree of Q. S. Phila. Co., dismissing exceptions to and confirming second report of the jury of view. Opinion by Rice, P. J. W. W. Porter, J., dissents. Exceptions to report of road jury. It appears from the record that the jury appointed to assess damages or benefits in the case at bar reported that after a careful consideration of the premises in question and the testimony submitted, the following damages for widening of Franklin street to a…

1DissentWilliam W. Portee, J.

On February 4,1897, the city of Philadelphia filed a petition setting forth that the councils had directed and that the public exigencies required the immediate opening of Franklin street to the full width, and praying for a rule upon abutting owners to show cause why, upon bond being entered, the said street should not be immediately opened*. On January 8, preceding, noticé was served on the claimant that at the expiration of three months from the date of the notice, the street would be opened for public use over the ground owned by him. On February 6,1897, the prayer of the above petitioner…

2Cases cited7 opinions

  1. Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
  2. In re Sedgeley AvenueSupreme Court of Pennsylvania · 1879
  3. Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
  4. Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
  5. Beale v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1878

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