Dunn v. Tarentum Borough
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1903, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1900, Ño. 662, on verdict for plaintiff in case of Mary A. Dunn v. Tarentum Borough. Appeal from award of jurors. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented this point: Dunn, McAyeal and Kallenbaugh are estopped by their petition for the improvements from claiming any damages against the borough.
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Appeal, No. 40, April T., 1903, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1900, Ño. 662, on verdict for plaintiff in case of Mary A. Dunn v. Tarentum Borough. Appeal from award of jurors. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented this point: Dunn, McAyeal and Kallenbaugh are estopped by their petition for the improvements from claiming any damages against the borough. As regards these parties the only question is as to benefits. Answer : In answer to this point I would say, that I am not clear as to the effect…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff with others, constituting a majority in number and interest of the owners of property abutting on the proposed improvement, petitioned the borough “ to grade, curb and pave that portion of Ross street, lying between the north line of the property of the Pennsylvania Railroad Company and the south line of Kittanning street in said borough, charging the cost, damages and expenses thereof to our several properties.” The ordinance passed pursuant to the petition provided that the grading, curbing and paving between the points above named, should be of the…
2Cases cited2 opinions
- Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
- Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
3Cited by3 opinions
- Baldwin v. Devereux Schools, Inc.Supreme Court of Pennsylvania · 1931
- McMarlin v. Butler BoroughSuperior Court of Pennsylvania · 1909
- Hobbs v. Shamokin BoroughSuperior Court of Pennsylvania · 1917