Legal Opinion

In re Greenfield Avenue

Supreme Court of Pennsylvania

Decided May 9, 1899No. Appeal, No. 45PublishedCited by 27 opinions

Appeal, No. 45, Oct. T., 1899, by the city of Pittsburg, from order of C. P. No. 3, Allegheny Co., May T., 1897, No. 280, sustaining exceptions to report of jury of .view. Exceptions to report of jury of view.

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Appeal, No. 45, Oct. T., 1899, by the city of Pittsburg, from order of C. P. No. 3, Allegheny Co., May T., 1897, No. 280, sustaining exceptions to report of jury of .view. Exceptions to report of jury of view. The Act of May 22,1895, P. L. 105, authorized all cities in this commonwealth to grade, pave, curb, macadamize and otherwise improve streets, without petition from the property holders, and by section 2 provided for the ascertainment of the damages and the assessment of benefits in the maimer provided by law. On July 15,1897, the councils of the city of Pittsburg passed an ordinance for…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

1. The construction of a statute is a question of the legislative intent in its passage. The first subject of consideration in the present case therefore is whether the legislature by the Act of May 22, 1895, P. L. 105, intended to authorize cities to improve streets partly or wholly at the expense of property owners specially benefited, without the latter’s consent shown by a previous petition. This question admits of but one answer. The act is entitled, “ An act empowering cities ... to grade, pave ” etc. “ without petition of property holders ” etc. The…

2Cases cited11 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  3. People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
  4. Denver Circle R. v. NestorSupreme Court of Colorado · 1887
  5. Blakemore v. DolanIndiana Supreme Court · 1875

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3Cited by27 opinions

  1. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  2. Commonwealth v. AldermanSupreme Court of Pennsylvania · 1923
  3. L. J. W. Realty Corp. v. PhiladelphiaSupreme Court of Pennsylvania · 1957
  4. McCormick's Contested ElectionSupreme Court of Pennsylvania · 1924
  5. Gilbert's EstateSupreme Court of Pennsylvania · 1910

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