Legal Opinion

Borough v. Carmer

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 429PublishedCited by 8 opinions

Appeal, No. 429, Jan. T., 1894, by plaintiff, from judgment of C. P. Bradford Co., Dec. T., 1889, No. 512, on verdict for defendant. Scire facias sur municipal lien to recover the cost of constructing a sidewalk.

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Appeal, No. 429, Jan. T., 1894, by plaintiff, from judgment of C. P. Bradford Co., Dec. T., 1889, No. 512, on verdict for defendant. Scire facias sur municipal lien to recover the cost of constructing a sidewalk. Before Peck, P. J. At the trial it appeared that defendant was notified to construct a sidewalk in front of her premises, and that having failed to do so the .borough constructed the sidewalk which was about two hundred and eighty feet long, and filed a lien for the cost. The defendant claimed that a thin wedge at one end of the walk an inch or two inches wide at the base, and…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

This was a proceeding to collect the cost of a sidewalk built by the borough of Athens along the front of the defendant’s premises. Notice had been duly given to defendant’s intestate to rebuild the walk. This had been wholly disregarded. The borough then rebuilt the walk, a distance of about three hundred feet, and filed a lien therefor. The defense is that the walk as laid out by the borough engineer, and afterwards built by the borough, extends a trifle over the street line for a few feet at one side of the lot, and therefore no part of the cost of it can be…

2Cases cited3 opinions

  1. Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
  2. Western Pennsylvania Railway Co. v. City of AlleghenySupreme Court of Pennsylvania · 1879
  3. Commissioners of District of Kensington v. KeithSupreme Court of Pennsylvania · 1845

3Cited by8 opinions

  1. Lenhart v. WrightSupreme Court of Pennsylvania · 1926
  2. Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
  3. Pittsburg v. BiggertSuperior Court of Pennsylvania · 1903
  4. City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
  5. Commonwealth ex rel. State Highway Commission v. KinzieSupreme Court of Virginia · 1936

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