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3 Walker 286

Carpenter Street

Supreme Court of Pennsylvania

Decided January 15, 1884

Supreme Court of Pennsylvania · decided 1884-01-15

The facts of the case appear in the opinion of the Court below, which was delivered by > •' Meyers, P. J.: This is a proceeding under the first section of the Act of April 22, 1856, which provides… Held: referring to Lord Hardwick’s opinion in Stamper vs. Miller, 3 Atk., 212, “That the words shall or may, when applied to private trusts, leave an election to the trustees, which is not the case when the words are used in an Act of Parliament.

Decided 1884-01-15

¶1The Supreme Court affirmed the judgment of the Quarter Sessions on March 16, 1885, in the following opinion,

Per Curiam:

¶2The purpose for which the viewers were .appointed was the assessment of damages. They were not directed to chauge the location of the street, nor did they profess"to do so. Their report shows that they did give notice of the time and place of their meeting. This presumes the notice was properly *298given. In the opinion of the Court on overruling the exceptions it is stated that Yost did not reside in the county, and there was no occupant on the laud; but the printed notice was posted conspicuously upon the premises. It stated the time and place of meeting of the viewers appointed to assess damages. Having no known agent in the county, we think this notice was sufficient. We see no sufficient reason for disturbing the judgment.

¶3Judgment affirmed.

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