Winter Avenue

Citations

• 23 Pa. Super. 353
• 1903 Pa. Super. LEXIS 73

Syllabus

<p>Road law — Appeals•—Rule to strike off order of confirmation.</p> <p>The general rule in road eases is that a person affected with notice of the proceedings from the beginning who has allowed the time for having them reviewed on appeal to expire, cannot accomplish the same object by moving the court to strike off the order of confirmation and then appealing from the refusal of the court to grant his motion.</p> <p>Road laxo — Assessment of damages and benefits — Opening street — Act of May 16, 1891, P. L. 75.</p> <p>Under the Act of May 16, 1891, P. L. 75, viewers may be appointed to assess damages and benefits under a municipal ordinance providing for the opening of a street at a confirmed grade before the actual physical opening at the established grade.</p> <p>In such a ease, as the opening of the street and the establishment of the grade are integral parts of a single improvement, it is proper for the viewers in estimating and determining the damages to treat the improvement as an entirety. If only the opening of the street had been ordained, a different questign would be presented.</p>