No. 68 | Pennsylvania Court of Common Pleas, Erie County | Dec 6, 1882

— Per Curiam :

The right of the Court to express its opinion upon the facts, provided they are still submitted to the jury, is no longer an open question. There was evidence that the street had been actually improved and used, to what extent was imma*176terial. There was no error, therefore, in refusing to take the case from the jury.

Judgment affirmed.

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