Kilcullen v. Webster
Superior Court of Pennsylvania
Appeal, No. 300, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1915, No. 3338, overruling demurrer to defendant’s return to writ of alternative mandamus in case of Patrick J. Kilcullen v. George S. Webster, Chief of the Bureau .of Surveys of the City of Philadelphia, and Morris L. Cooke, Director of Public Works of said city. Petition for mandamus. The opinion of the Superior Court states the case.
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Appeal, No. 300, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1915, No. 3338, overruling demurrer to defendant’s return to writ of alternative mandamus in case of Patrick J. Kilcullen v. George S. Webster, Chief of the Bureau .of Surveys of the City of Philadelphia, and Morris L. Cooke, Director of Public Works of said city. Petition for mandamus. The opinion of the Superior Court states the case. Error assigned was in overruling plaintiff’s demurrer to defendant’s return to a writ. cited: Harriott Ave., 24 Pa. Superior Ct. 597; Hammett v.…
1Opinion of the Court
Per Curiam,
The plaintiff’s petition alleged his ownership of a described tract of land; the city’s construction of a sewer through the land in the bed of a street which had been placed on the city plan, but not opened to public use; payment of the cost of the sewer out of the general funds of the city, no special assessments against abutting properties having been made; a provision of the city ordinance of January 9, 1908, under which the sewer was constructed, that “no permit shall be issued for the sewerage of properties on the line of said sewers until the regular frontage charges shall…
2Cases cited10 opinions
- City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
- O'Maley v. Borough of FreeportSupreme Court of Pennsylvania · 1880
- Fisher v. HarrisburgSupreme Court of Pennsylvania · 1854
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Stroud v. City of PhiladelphiaSupreme Court of Pennsylvania · 1869
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3Cited by1 opinion
- Bick Company, Inc. v. GeorgeSupreme Court of Pennsylvania · 1933