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· 2/25/1907

Umbria Street

Citations

  • 32 Pa. Super. 333
  • 1907 Pa. Super. LEXIS 6

Syllabus

<p>Road law — Vacation of streets — Jury of view — Extension of time for filing report of fury — Acts of April 21, 1858, P. L. 385, and March 18, 1903, P. L. 28 — Constitutional law.</p> <p>The Act of April 21, 1858, P. L. 385, relating, among other matters, to the vacation of streets in the city of Philadelphia is constitutional.</p> <p>The Act of March 18, 1903, P. L. 28, giving the courts power to extend the time for the filing of reports by road juries, is constitutional, and applies to vacation proceedings brought under the Act of April 21, 1858, P. L. 385.</p> <p>Where a jury of view has improperly assessed all the damages for the vacation of a street against a railroad company, the court may refer the report back to the same jury of viewers to correct the error, and it is not necessary that the jury should be again sworn to make such correction effective.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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