Legal Opinion

In the Opening of Magnolia Avenue

Supreme Court of Pennsylvania

Decided October 3, 1887No. 172PublishedCited by 4 opinions

CERTIORARI TO THE COURT OF QUARTER SESSIONS OF PHILADELPHIA COUNTY. No. 172 January Term 1887, Sup. Ct. To the Court of Quarter Sessions of Philadelphia county, on December 23,1885, a board of viewers appointed to view Magnolia avenue, in the Twenty-second ward of Philadelphia city, and to determine whether or not said street be required for public use, made a report which after matters introductory was as follows: The viewers, from the evidence produced, find that Magnolia…

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CERTIORARI TO THE COURT OF QUARTER SESSIONS OF PHILADELPHIA COUNTY. No. 172 January Term 1887, Sup. Ct. To the Court of Quarter Sessions of Philadelphia county, on December 23,1885, a board of viewers appointed to view Magnolia avenue, in the Twenty-second ward of Philadelphia city, and to determine whether or not said street be required for public use, made a report which after matters introductory was as follows: The viewers, from the evidence produced, find that Magnolia avenue is a street duly located upon the public plan, called Plan No. 17, and was confirmed as a public highway…

1Opinion of the Court

Opinion,

Mk. Justice Gkeen:

We certainly did decide in the case In re Jackson street, 83 Pa. 328, that the act of 1874 does not apply to cases in which streets in Philadelphia have been already located. That was the one leading and, indeed, only question in the case. It was fairly stated and fully and elaborately considered by our late brother Woodwabjd, who gave ample and satisfactory reasons for his conclusion. That decision has never been either directly or indirectly overruled or indeed questioned by this court, in any case to which we have been referred or of which we have knowledge. The…

2Cases cited3 opinions

  1. In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886
  2. In re Opening of Twenty-eighth StreetSupreme Court of Pennsylvania · 1883
  3. In re Opening of Jackson StreetSupreme Court of Pennsylvania · 1877

3Cited by4 opinions

  1. Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
  2. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
  3. Suárez Viuda de Arroyo v. Saavedra SolerSupreme Court of Puerto Rico · 1938
  4. Eisenhart v. PhiladelphiaSupreme Court of Pennsylvania · 1893

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