The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-14

~ Se.N
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Following is the cNhduSllNe opIilu'
handed down by President Judge H.
NJ Edwards in the matter of the con-
demnation of the Factoryvile and Abb
;,e,on turnuikc.
''e' '''
Proceedings to condemn inc part OF 'n' "u',c
turnpike, located IN hacnaWahha c'uns' 80
begun ny pcuuoh h''a NuSuS, ~ ''''' jIr
tcmber 26, l'oD was 'he t'ne n\'h =" '"'a,', ''.
the apphvat''h 'r INV arPoi"."'' -
Inc viewers anu 'haS'V' "'', 'l'l''",' -, ,,
10, 1'"' ana inc tep"r, o' '"' h"'o
demnng all OF tie to'"P,' N,"H :" ,,,.~,' 80, y,
county was hlcd anu ''h"i'n'' nus ~
l"l Two eo'S OF cNV'p''"N w
set ny the turhrlNe c'n P""l' "u' .% y,n,
by the Northern hou'v'ru .,"'ra",, r,ifo. -,
70 own uE Pur,h'S V'' , "|' ~ ~ oiroood is
frce from condemnation nv reason Of the Boule.
ward act of ls95, J.. J" 'nf'
The turnpike in question Is party 'oca'u J."
two counties, lA'awlna' ana NE'"'uS i"p
part in lackawahna IS bcl"o,h ''E"' '"" 1''s ,
miles in length; the part ~ NE'nnG ''on "''
n mile to miIc. THE Wholc OF 'h" P"'' !"
Wyoming is located in borough ana mas no
tollgatc, and under the act OF le'o T. H. "'''
can have no tollEaic,
l. Exceptions VI the Northern bout'aIu COM
pdny.
Of these, seven r'Ii'' 'u I' lhN'l 'IohN ~ Wv
master, and four To tho report OF the viewers
They need not hc considered s'pat"''F o',ao'e
one principle Of law di"r"N's "i lh'hl' lr,E
c;ard or tall 3ceoIlpg 10 the Nr" we 'a"e
oi ono question ~ law. IN'' Question i '''''
by the first exception to the report OF NleNrS'
which is ~ follow:
"1hc said jury ~ ',w erred IL their iourih
finding of fact. wn'h reads as follows; W. we
find as a matter Of fact that the tactor!\'He
and Abingdon Turnpike and PlalH koid lS
turnpike road or Highway upon Nh'h loIlE''S
are erected, and that TOLLS are 'h1r&'I "" nav
cling public for the use of SAID r'ad 10y Virtue
of = special act oi thc general assembly of tie
commonwealth of Pennsylvania, approved Npril
H. lsS. and the supplements thereto, and mat
tho legal owner Of said turnpike road or mgh'
way is the factoNvillr and Abingdon turnpike
and Plank Road company, II. I. Northup, rrcSl'
dent and treasurer
r,pr or rul PIKE
sad hndlnG not "'ht IN a''o'Hdu'' "'''
tic evidence or the .aW' the un''htrAd''ch 'H.
d1co before the viewers l., 'hal /" P','i"n "
said turnpiht road To W.T. 'h' portion n'i"''n
l'acc y Parker STORE Al 'arh SUNNI, ava
tEr Itte VI u, 'I"'-' "' '"'"',''''. 0''"
Abingdon township IS "Nu'i ny lN' >o','''h
""NIeNdrn COMPANY. "''' ny "a" Fl" W., '''P
10 condemnation. mat Inc N"r,h'rh ho"'cN'rh
company was III h''""' Pn' '''al' "i''"' .''o'
Gus ana hoH'Hr possession W Si'" P'''"'. VI '"''
and had been IN possession ,h'rc'' nom te
10Th day oi September I'''' Inc "i'' q" ""Nn
~ pul'haH'h s'u portion " 'oa' ""." N'''
turnpike COMPANY nh''r IN" pro. '"'""S :" '''"7'
:, section = 81 t|'r ",l "i -o'', '''., i''' CUM
monty known rs the bonic,atu act
ohe terminus "i '!' '"'"'"Ilrn '"m''nc =" ~
ine h'''e VI T.. e",''u a' '''''''',', 'o,, ,a "
Npng'oh ''NIH"P' '"'' 'N'N',''' ''''"3'
from the tumpikc conrpanv mile and halt
Of the turnpike, beginning at the terminus men
toned, and ending at trcc PdrNcrS store
at tldrk's summit THE object OF TINS alleged
purchase evidently was 70 extend the lln' ~
another turnpike leased 10y the boulevard com
nanY from the providence ana NhihStoh I"th'
pike company, another toIpolaton Whch Turn
pike extends from the Providence square In
North Scranton 10 the little VI l. church. >
and is four miles IN length. I'll" Providence and
Arlington Turnpike company, and The Factory
Vile and Abingdon Turnpike company are two
distinct corporations.
The certificate of Incorporation OF the North
ern Boulevard company bears date september
s, 1900. This Is the date Of the INST formal
meeting OF the incorpomtor7. The charter, after
some delay was granted October -, l1b Tie
purpose Of the corporation ia set forth and is
~ follows: "Thc said corporation Is formed for
the purpose of building and constructing an i'm
proved roadway or boulevard, and to lease and
purchase turnpike or plank road or roads, as
provided by the act Of assembly approved June
~, 1893, and its supplements. said roadway 10
he made good. compact driving road Of stone,
gravel or other proper and convenient material.
Said roadway or boulevard is intended TO run
from Providence Square in the c,ty Of scranton,
to the small VI. H. church north Of the village
Oi Chinchd. in the township Of South Nhng
ton, Lackawdnna county. distance. Of not 10
exceed four milcs,'
po,-,rv,pn ,,r
"'' INV 'N"' y"