Sweeney v. City of Scranton
Superior Court of Pennsylvania
Appeal, No. 20, March. T., 1920, by defendant, from judgment of C. P. Lackawanna County, Oct. T., 1916, No. 176, on verdict for plaintiff in the case of Mary Sweeney v. City of Scranton. Appeal from award of viewers. Before Newcomb, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 20, March. T., 1920, by defendant, from judgment of C. P. Lackawanna County, Oct. T., 1916, No. 176, on verdict for plaintiff in the case of Mary Sweeney v. City of Scranton. Appeal from award of viewers. Before Newcomb, J. The facts are stated in the opinion of the Superior Court. Defendant presented the following points: 4. “In determining the effect upon the market value of plaintiff’s property caused by the improvement of Wyoming avenue the jury should take into consideration all the benefits to such property, if any, resulting from such improvement, and this is true even…
1Opinion of the Court
Opinion by
Porter, J.,
The City of Scranton duly passed an ordinance authorizing the grading, curbing and paving of two squares of Wyoming avenue, and the work was done in pursuance thereof. The city having undertaken to grade, pave and curb the street in a single proceeding, as it had the right to do, viewers were appointed by the court below to assess the damages and benefits arising from the improvement. Mary Sweeney was the owner of lot No. 38, in block 15, abutting upon the line of the improvement, and the report of viewers made the following assessment against that lot, viz: “Benefits…
2Cases cited3 opinions
- Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
- Aswell v. City of ScrantonSupreme Court of Pennsylvania · 1896
- Burns v. Reynoldsville BoroughSuperior Court of Pennsylvania · 1911
3Cited by3 opinions
- Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
- Lynn v. Borough of DunmoreSuperior Court of Pennsylvania · 1923
- Commonwealth v. Miller, Pennsylvania Court of Common Pleas, Delaware County1966