Sisters of the Third Order of Saint Francis v. Millvale Borough
Superior Court of Pennsylvania
Appeal, No. 182, April T!, 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1914, No. 674, on verdict for defendant in case of Sisters of the Third Order of Saint Francis v. Mill-vale Borough. Appeal from report of jury of view. Before Davis, J. The facts are stated in the opinion of the Superior Court. Yerdict for defendant with certificate as to special benefits in the sum of $587.16. Plaintiff appealed.
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Appeal, No. 182, April T!, 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1914, No. 674, on verdict for defendant in case of Sisters of the Third Order of Saint Francis v. Mill-vale Borough. Appeal from report of jury of view. Before Davis, J. The facts are stated in the opinion of the Superior Court. Yerdict for defendant with certificate as to special benefits in the sum of $587.16. Plaintiff appealed. Errors assigned were various instructions and rulings on evidence sufficiently shown in the opinion of the Superior Court. The court should have admitted evidence of…
1Opinion of the Court
Opinion by
Kephart, J.,
It appears from the defendant’s testimony that Ever*304green avenue a number of years ago was dedicated by a plan of lots as a public street of a width of fifty feet. For a long period of time the public used some twenty-five or thirty feet of this width as a highway. The Borough of Millvale adopted an ordinance wherein it was provided “That Evergreen avenue......be graded, paved and curbed......in conformity to the plans and specifications to be prepared by the borough engineer ......” The plans were made on the assumption that the street was fifty feet in width. The work…
2Cases cited11 opinions
- Dewhurst v. City of AlleghenySupreme Court of Pennsylvania · 1880
- State RoadSupreme Court of Pennsylvania · 1912
- Deer v. Sheraden BoroughSupreme Court of Pennsylvania · 1908
- Hileman v. Hollidaysburg BoroughSuperior Court of Pennsylvania · 1911
- Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914
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3Cited by1 opinion
- Township of Lower Chichester v. RobertsSuperior Court of Pennsylvania · 1931