South Fork Borough v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 224, Oct. T., 1915, by defendant, from judgment of O. P. Cambria Co., Dec. T., 1912, No. 318, on verdict for plaintiff, in case of South Fork Borough v. Pennsylvania Railroad Company. Scire facias sur municipal lien for grading and paving a street.
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Appeal, No. 224, Oct. T., 1915, by defendant, from judgment of O. P. Cambria Co., Dec. T., 1912, No. 318, on verdict for plaintiff, in case of South Fork Borough v. Pennsylvania Railroad Company. Scire facias sur municipal lien for grading and paving a street. Before Stephens, P. J. From the record it appeared that' the action was a -scire facias upon a municipal lien filed in the Court of Common Pleas of Cambria County by South Fork Borough against premises owned by the Pennsylvania Railroad Company to collect an assessment of $1,403.04 for grading and paving a borough street. The claim was…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The first assignment of error raises the principal question in this case. It is there alleged that the court below erred in affirming plaintiff’s third point, which was, “that the lien is a valid and subsisting one, and the plaintiff should have judgment, if the jury find as a matter of fact that the premises described in the lien, or any part thereof, is a convenient possession affording facilities in conducting the business of the company, and enabling it to make money, and not an integral and indispensable part of the roadbed.” It seems to be conceded by…
2Cases cited8 opinions
- Mt. Pleasant Bor. v. Balt. & O. R.Supreme Court of Pennsylvania · 1891
- Allegheny City v. West. Penna. R.Supreme Court of Pennsylvania · 1891
- Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- City of Philadelphia ex rel. McCann v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Maryland & Pennsylvania Railroad v. NiceCourt of Appeals of Maryland · 1945
- City of Phila. to Use v. BradySuperior Court of Pennsylvania · 1931
- McNulty Bros. v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1922
- CSX Transportation, Inc. v. Delaware County Board of Assessment AppealsCommonwealth Court of Pennsylvania · 2014
- New Castle v. Pittsburgh, Youngstown & Ashtabula Ry. Co.Superior Court of Pennsylvania · 1919
2 more not listed; retrieve them via the Exa API.