Jenkins v. Minersville Borough
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1909, by plaintiff, from order of C. P. Schuylkill Co., Nov. T., 1908, No. 104, sustaining exception to award of jurors in case of Rosaline Jenkins v. Minersville Borough. Exception to award of jury of view. The court in an opinion by Shay, P. J., sustained the exception and dismissed the proceedings at the costs of the plaintiff. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 119, Oct. T., 1909, by plaintiff, from order of C. P. Schuylkill Co., Nov. T., 1908, No. 104, sustaining exception to award of jurors in case of Rosaline Jenkins v. Minersville Borough. Exception to award of jury of view. The court in an opinion by Shay, P. J., sustained the exception and dismissed the proceedings at the costs of the plaintiff. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court sustaining the exception and dismissing the proceedings.
1Opinion of the Court
Opinion by
Porter, J.,
The appellant presented her petition to the court below, under the provisions of the Act of May 24, 1878, P. L. 129, entitled, “An Act for appointing viewers to assess damages where streets and alleys are changed in grades or location, in the several boroughs of the Commonwealth,” praying for the appointment of five disinterested citizens as viewers to ascertain and determine the damages resulting to her property from an alleged change of grade of North street. The petition set forth that the appellant had owned the property for fifteen years, during which period North…
2Cases cited5 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
- Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
- Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
- Chester City v. EvansSuperior Court of Pennsylvania · 1907
3Cited by1 opinion
- In re Change of Grade Borough of DorrancetonSuperior Court of Pennsylvania · 1919