Legal Opinion

Umbria Street

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 50PublishedCited by 4 opinions

Appeal, No. 50, Oct. T., 1906, by the City of Philadelphia, from order of Q. S. Phila. Co., Oct. T., 1903, dismissing exceptions to report of viewers in the Matter of the Vacation of Umbria Street. Exceptions to report of road jury. From the record it appeared that the jury of view was appointed under a petition filed October 15, 1903, to assess damages for the vacation of Umbria street.

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Appeal, No. 50, Oct. T., 1906, by the City of Philadelphia, from order of Q. S. Phila. Co., Oct. T., 1903, dismissing exceptions to report of viewers in the Matter of the Vacation of Umbria Street. Exceptions to report of road jury. From the record it appeared that the jury of view was appointed under a petition filed October 15, 1903, to assess damages for the vacation of Umbria street. The jury was appointed on October 29,1903, to report on or before March 1,1904. The time for filing the report was extended. The jury finally reported, assessing damages against the Pennsylvania Railroad…

1Opinion of the Court

Opinion by

Orlady, J.,

The constitutionality of the sixth section of the Act of April 21, 1858, P. L. 385, was settled beyond further contention by the Supreme Court in Howard Street, 142 Pa. 601; Hare v. Rice, 142 Pa. 608; Melon Street, 182 Pa. 397; and Morris v. Philadelphia, 199 Pa. 357. The act is entitled “ a further supplement to the act incorporating the city of Philadelphia ; ” and provides by the sixth section : “ That it shall be the duty of juries selected to assess damages for the opening, widening, or vacating roads or streets within the said city to ascertain and report to the…

2Cases cited14 opinions

  1. In re Melon StreetSupreme Court of Pennsylvania · 1897
  2. McGee's AppealSupreme Court of Pennsylvania · 1887
  3. Paul v. CarverSupreme Court of Pennsylvania · 1855
  4. Vacation of Howard St.Philadelphia County Court of Quarter Sessions · 1891
  5. Road in North Franklin TownshipSuperior Court of Pennsylvania · 1898

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. City of Atlanta v. DinkinsCourt of Appeals of Georgia · 1932
  2. Steigler v. for Road in Peach Bottom Twp., York Co.Superior Court of Pennsylvania · 1932
  3. In re Road in North Whitehall & South Whitehall TownshipsLehigh County Court of Quarter Sessions · 1951
  4. State-Aid Highway Application No. 1075, Easton to Tatamy, Pennsylvania Court of Common Pleas, Northampton County1923

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