Factoryville & Abington Turnpike & Plank Road

Citations

• 19 Pa. Super. 613
• 1902 Pa. Super. LEXIS 162

Syllabus

<p>Turnpike roads — Condemnation proceedings — Act of June 2, 1887, P. L. 306.</p> <p>Under the Act of June 2, 1887, P. L. 306, no one county of the commonwealth can be compelled to pay for any portion of a turnpike road lying within the limits of another county. On certiorari in condemnation proceedings under the 6th section of the act, the appellate court cannot examine the question as to what extent the jury of view Should have considered the reduced value of a portion of the turnpike road lying in one county by reason of a taking of a portion lying in another county. If the company is dissatisfied, with the amount of the damages, it has its remedy under the 8th section of the act by an appeal to the court of common pleas.</p> <p>In proceedings to condemn a turnpike road under the Act of June 2, 1887, P. L. 306, a description of the road in the petition is sufficient which sets forth that the road begins at one of the terminal points of the said turnpike, and is continuous therefrom to a line between a borough named in one county and a borough named in another county.</p> <p>Section 5 of the Act of June 2, 1887, P. L. 306, does not require a map of the entire turnpike road to be attached to the report of the jury of view, but a map of only so much thereof as will show “ definitely the points between which the same is condemned for public use.”</p>