Opening of Second Avenue in the Borough of Conshohocken

Citations

• 7 Pa. Super. 55
• 1898 Pa. Super. LEXIS 232

Syllabus

<p>Municipal law — Opening streets — Effect of judgment.</p> <p>A judgment or assessment in proceedings to recover damages for opening a street, carries with it all the facts and conditions necessary to a recovery ; it settles everything involved in the right to recover, not only all matters that were raised but those which might have been raised.</p> <p>Road lato — Opening street — When damages are due and demandadle.</p> <p>Proceedings having been taken by a jury ol' view for the taking and opening of a street which culminated in a judgment confirming the report of the viewers, held, on a petition for a mandamus, that an answer is insufficient which sets up that the street has not been “effectually opened by and according to such grade,and a mandamus will be awarded.</p>