Thirtieth Street
Supreme Court of Pennsylvania
Appeal, No. 313, Jan. T., 1891, by the New Jersey Trust and Safe Deposit Co. of Camden, N. J., from a decree of Q. S. Philadelphia Co., sustaining exceptions to the report of a road jury. On March 21, 1890, a petition was presented for a jury of view to open Thirtieth street. On July 3, 1890, the report of the jury was filed in favor of opening the street.
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Appeal, No. 313, Jan. T., 1891, by the New Jersey Trust and Safe Deposit Co. of Camden, N. J., from a decree of Q. S. Philadelphia Co., sustaining exceptions to the report of a road jury. On March 21, 1890, a petition was presented for a jury of view to open Thirtieth street. On July 3, 1890, the report of the jury was filed in favor of opening the street. On July 22, 1890, the Philadelphia, Wilmington & Baltimore R. R. Co. filed the following exceptions: (1) Because there is no public occasion to open the street; (2) because said opening involves an expensive and dangerous grade crossing;…
1Opinion of the Court
Pee Cueiam,
Complaint is made in the first, second and third specifications of error, that the court below erred in the form of its de*247cree. The said, decree was indorsed on the cover of the city’s exceptions in the following form, viz.: “December 18, 1890. Exceptions sustained and the report of the jury set aside.” It was contended on the part of the appellant, that this was not a compliance with the act of May 8, 1869, P. L. 1247, relative to orders, or road view and assessment of damages, in Philadelphia county, which provides, in the most explicit language, “ that no report of viewers…
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