Legal Opinion

Easton City v. Hughes

Superior Court of Pennsylvania

Decided March 16, 1917No. Appeal, No. 210PublishedCited by 5 opinions

Appeal, No. 210, Oct. T., 1916, by plaintiff, from judgment of O. P. Northampton Co., Sept. T., 1913, No. 21, on verdict for defendant in case of City of Easton to use of the Bushkill Quarry & Construction Co. v. William Hughes. Scire facias sur municipal lien for paving Front street between Northampton and Perry streets in the City of Easton. Before Barber, P. J., specially presiding.

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Appeal, No. 210, Oct. T., 1916, by plaintiff, from judgment of O. P. Northampton Co., Sept. T., 1913, No. 21, on verdict for defendant in case of City of Easton to use of the Bushkill Quarry & Construction Co. v. William Hughes. Scire facias sur municipal lien for paving Front street between Northampton and Perry streets in the City of Easton. Before Barber, P. J., specially presiding. At the trial the defendant claimed that the paving for which suit was brought was not an original paving. The court under objection by the city refused to admit in evidence certain evidence referred to in the…

1Opinion of the Court

Opinion by

Kephart, J.,

“The first paving, which exempts abutting property owners from any liability for any subsequent improvement is one that is put down originally, or adopted or acquiesced in subsequently by the municipal authority for the purpose and with the intent of changing an ordinary road into a street. Two elements are necessary to evidence this fact: the character of the construction and the intention of the municipality to convert a common road into a permanently improved street. The controlling consideration, however, is affirmative municipal intention.......Adoption or…

2Cases cited1 opinion

  1. Pottsville v. JonesSuperior Court of Pennsylvania · 1916

3Cited by5 opinions

  1. Philadelphia v. SchollSuperior Court of Pennsylvania · 1917
  2. City of Philadelphia Ex Rel. Barber Asphalt Co. v. WellsSuperior Court of Pennsylvania · 1928
  3. Borough of Manheim v. OberSuperior Court of Pennsylvania · 1929
  4. Borough of Wilson v. EichlinSuperior Court of Pennsylvania · 1929
  5. City of Philadelphia v. Wells, Pennsylvania Court of Common Pleas, Philadelphia County1928

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