Legal Opinion

Tabor Street

Superior Court of Pennsylvania

Decided October 17, 1904No. 1; Appeal, No. 227PublishedCited by 9 opinions

Appeal, No. 227, Oct. T., 1903, by the city of Philadelphia, from order of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4165, dismissing exceptions to report of viewers in the matter of the Change of Grade of Tabor Street from Fifth Street to Sixth Street. Exception to report of viewers. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing various exceptions to report of viewers.

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Appeal, No. 227, Oct. T., 1903, by the city of Philadelphia, from order of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4165, dismissing exceptions to report of viewers in the matter of the Change of Grade of Tabor Street from Fifth Street to Sixth Street. Exception to report of viewers. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing various exceptions to report of viewers. The facts are that neither at the date of the deed (June 16, 1898) nor on June 18, 1898, nor at the time (July 18,1898) of the making of the agreement with the city pursuant…

1Opinion of the Court

Opinion by

Orlady, J.,

From the record of this case and the agreement of counsel attached thereto, it appears that pursuant to an act of assembly dated. April 20, 1869, P. L. 1191, Olney road was opened forty feet wide, and is included in the street now in controversy between Fifth and Sixth streets of the city of Philadelphia. By ordinances passed March 17,1884, and March 15, 1887, this road was regularly placed upon the city plan as a public highway or street not exceeding sixty feet in width, confirmed by the board of surveyors on December 17, 1888, and the name changed to Tabor street.

In…

2Cases cited20 opinions

  1. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  2. Maul v. RiderSupreme Court of Pennsylvania · 1868
  3. Cox v. FreedleySupreme Court of Pennsylvania · 1859
  4. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
  5. Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892

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3Cited by9 opinions

  1. Lorch's EstateSupreme Court of Pennsylvania · 1925
  2. Caplan v. PittsburghSupreme Court of Pennsylvania · 1953
  3. Pennsylvania Range Boiler Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1941
  4. Daniels v. Bethlehem Mines Corp.Supreme Court of Pennsylvania · 1958
  5. Arnold v. CarrollSuperior Court of Pennsylvania · 1924

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