Legal Opinion

Philadelphia v. Townsend

Supreme Court of Pennsylvania

Decided April 10, 1911No. Appeal, No. 201PublishedCited by 3 opinions

Appeal, No. 201, Jan. T., 1910, by defendants, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 4,411, M. L. D., on verdict for plaintiff in case of Philadelphia to use v. Henry C. Townsend et al., Trustees. Scire facias sur municipal lien for paving. Before Barratt, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,600. Defendant appealed.

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Appeal, No. 201, Jan. T., 1910, by defendants, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 4,411, M. L. D., on verdict for plaintiff in case of Philadelphia to use v. Henry C. Townsend et al., Trustees. Scire facias sur municipal lien for paving. Before Barratt, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,600. Defendant appealed. Errors assigned were (1, 2) overruling offers of evidence as set forth in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The city of Philadelphia entered into a contract with the use plaintiff for the paving of a certain street, including intersections, at a price of $2.16 per square yard. The contractor agreed to accept in payment assessment bills against the abutting properties at the rate of $2.60 per square yard, that being the figure fixed’ by a general ordinance as the cost of street paving, any balance over the total of such bills to be paid in cash out of the city treasury. A municipal claim was filed against the property of the defendant in which he was charged for…

2Cases cited7 opinions

  1. Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
  2. City of Allentown v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1892
  3. Pittsburgh Railways Co. v. PittsburghSupreme Court of Pennsylvania · 1905
  4. Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
  5. Chambersburg Borough v. Chambersburg Gas Co.Superior Court of Pennsylvania · 1909

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

3Cited by3 opinions

  1. Kilcullen v. WebsterSuperior Court of Pennsylvania · 1916
  2. Bethlehem Poster Advertising & Sign Corp. v. City of Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1922
  3. Philadelphia ex rel. Barber Asphalt Paving Co. v. Shrotes, Pennsylvania Court of Common Pleas, Philadelphia County1926

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