In re Street
Citations
- 10 Pa. Super. 332
- 1899 Pa. Super. LEXIS 286
Syllabus
<p>Road law — Practice', Q. 8 — Contemporary exceptions and appeal.</p> <p>Exceptions to a report of viewers may be considered pending an appeal to the common pleas. Bowers v. Braddock Borough, 172 Pa. 596.</p> <p>Vacation of street — Damages—Change of plan.</p> <p>No action lies for a mere change of plans of the city of Philadelphia, and damages cannot be awarded against the city where there was no physical narrowing or vacation of any part of the street in controversy.</p> <p>Road law — Act of 1858 — Apportionment of benefits and damages.</p> <p>By the Act of April 21,1858, P. L. 385, see. 6, a report of a jury of view is erroneous and must be set aside where no damages are assessed and apportioned against and among such owners of land as shall be benefited by such opening, widening or vacating of any such road or street.</p>
Judges: Orlady, Porter, Rige, Smith
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