Legal Opinion

Cooper v. Bellevue Borough

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 176PublishedCited by 2 opinions

Appeal, No. 176, April T., 1912, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., First T., 1908, No. 598, for debt on case statéd in suit of Leila A. Cooper v. Bellevue Borough. Case stated to determine liability for street improvement.

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Appeal, No. 176, April T., 1912, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., First T., 1908, No. 598, for debt on case statéd in suit of Leila A. Cooper v. Bellevue Borough. Case stated to determine liability for street improvement. Before Frazer, P. J. Frazer, P. J., filed the following opinion: In substance the case stated sets forth that the grade of Miller street (now Roosevelt avenue) was established from Meade street westward to the bridge by ordinance approved May 10,1904; and by another ordinance approved June 9, 1904, the grade of the street was established from Meade…

1Opinion of the Court

Opinion by

Rice, P. J.,

The first improvement described in the case stated was the grading of Roosevelt avenue from its western terminus at the bridge to its then eastern terminus at Ridge avenue. As the property of the plaintiff abuts on the fine of the improvement, we are of opinion that it is liable for a pro rata share of the cost of the same (if it benefited to that extent), and, without having before us the entire proceeding instituted under the Act of March 14, 1907,. P. L. 15, we cannot say that the assessment of such share in that proceeding could not be sustained. But as to the second…

2Cases cited7 opinions

  1. Morewood AvenueSupreme Court of Pennsylvania · 1893
  2. Fifty-fourth StreetSupreme Court of Pennsylvania · 1894
  3. In re the Opening of Orkney StreetSupreme Court of Pennsylvania · 1900
  4. In re Orkney StreetSuperior Court of Pennsylvania · 1899
  5. Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Wilson v. Upper Moreland Hatboro Joint Sewer AuthoritySuperior Court of Pennsylvania · 1957
  2. Spring Garden Township v. LoganSuperior Court of Pennsylvania · 1942

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