Scranton Gas & Water Co. v. Scranton City
Supreme Court of Pennsylvania
Appeal No. 173, Jan. T., 1905, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1903, No. 175, for defendant on case stated in suit of Scranton Gas and Water Company v. City of Scranton. Case stated to determine liability of a city for injuries to the property of a gas and water company. Before Edwards, P. J. The facts are stated in the opinion of the Supreme Court. The court entered judgment for defendant. Plaintiff appealed.
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Appeal No. 173, Jan. T., 1905, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1903, No. 175, for defendant on case stated in suit of Scranton Gas and Water Company v. City of Scranton. Case stated to determine liability of a city for injuries to the property of a gas and water company. Before Edwards, P. J. The facts are stated in the opinion of the Supreme Court. The court entered judgment for defendant. Plaintiff appealed. JSrror assigned was in entering judgment for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
When the city of Scranton undertook to construct by joint effort with the Delaware, Lackawanna & Western Railroad Company, a viaduct on West Lackawanna avenue from 7th to 9th streets over the tracks of the railroad company, for the purpose of avoiding a dangerous grade crossing, it was exercising a rightful authority. So much is admitted. It was contemplated that as a result of the improvement much adjacent private property would be injured, and the ordinance establish*589ing the change provided that immediately upon its passage, the appointment of viewers to assess…
2Cases cited2 opinions
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
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- Delaware River Port Authority v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1958
- City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
- First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
- Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 1925
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