Legal Opinion

Fifty-fourth Street

Supreme Court of Pennsylvania

Decided November 12, 1894No. Appeal, No. 177PublishedCited by 13 opinions

Appeal, No. 177, Oct. T., 1894, by the city of Pittsburg, from order of C. P. No. 3, Allegheny Co., Nov. T., 1893, No. 211, sustaining exceptions to report of viewers. Exceptions to report of viewers appointed to ascertain costs, damages and expenses of grading, paving and curbing Fifty-fourth street from Allegheny Valley Railroad to B utler street in the eighteenth ward in the city of Pittsburg.

Read the full summary

Appeal, No. 177, Oct. T., 1894, by the city of Pittsburg, from order of C. P. No. 3, Allegheny Co., Nov. T., 1893, No. 211, sustaining exceptions to report of viewers. Exceptions to report of viewers appointed to ascertain costs, damages and expenses of grading, paving and curbing Fifty-fourth street from Allegheny Valley Railroad to B utler street in the eighteenth ward in the city of Pittsburg. From the record it appeared that on July 24,1891, an ordinance was passed by councils of the city of Pittsburg authorizing the grading, paving and curbing of Fifty-fourth street from Allegheny Valley…

1Opinion of the Court

Opinion by

Mr. Justice Green,

In the case of Morewood Avenue, 159 Pa. 20, we said: “As we have repeatedly decided, the doctrine of assessment for benefits, to pay for public improvements, can only be defended upon the ground that the benefits are local and essentially peculiar to the very property assessed, and then it can only be done once. This can only be the case when the property assessed abuts directly upon the line of the improvement. Having their own 'burthens to bear in tliis respect the owners cannot be subjected to the discharge of similar_bu^eM_Ju^^qtbei'^" "properties, whether…

2Cases cited1 opinion

  1. Morewood AvenueSupreme Court of Pennsylvania · 1893

3Cited by13 opinions

  1. Park Avenue SewersSupreme Court of Pennsylvania · 1895
  2. Beechwood Avenue SewerSupreme Court of Pennsylvania · 1897
  3. In re Orkney StreetSuperior Court of Pennsylvania · 1899
  4. Grafius' RunSuperior Court of Pennsylvania · 1906
  5. City of Memphis v. HillTennessee Supreme Court · 1919

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API