City of Philadelphia ex rel. Mack v. Gorgas
Supreme Court of Pennsylvania
Appeal, No. 356, Jan. T., 1896, by-defendant, from judgment of C. P. No. 3, Pbila. Co., Sept. T., 1890, No. 881, for plaintiff, on municipal lien. Scire facias sur municipal lien.
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Appeal, No. 356, Jan. T., 1896, by-defendant, from judgment of C. P. No. 3, Pbila. Co., Sept. T., 1890, No. 881, for plaintiff, on municipal lien. Scire facias sur municipal lien. Before Finletteb, J. At the trial the plaintiff offered in evidence ordinance of councils of Philadelphia, approved July 3, 1889, and called Isaac R. Martindale as a witness, who being affirmed said that he held the position of bill cleric in the bureau of highways; that he had in his possession a contract between the city of Philadelphia and Mr. Mack for paving Allen’s lane, and produced the same. The said paper…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The seventh point submitted by defendant was in the following words: “ If the jury believe that the land on Allen’s lane was not, at the time the paving was done, cut up into compact city lots, nor built upon as city lots, then the defendant’s lot is not liable to be charged by the foot front rule of assessment and the plaintiff cannot recover, the verdict should be for the defendant.” The learned court below affirmed this point thus directing the jury to find a verdict in favor of the defendant, if, at the time the paving was done, the land on Allen’s lane was not…
2Cases cited3 opinions
- Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
- City of Erie ex rel. Erie Paving Co. v. A Piece of Land Fronting on Eighteenth StreetSupreme Court of Pennsylvania · 1896
- Keith v. City of PhiladelphiaSupreme Court of Pennsylvania · 1889
3Cited by11 opinions
- Garr v. FulsSupreme Court of Pennsylvania · 1926
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. OglesbyIndiana Supreme Court · 1905
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
- Philadelphia v. GowenSupreme Court of Pennsylvania · 1902
- City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899
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