Scranton City v. Sturges
Supreme Court of Pennsylvania
Appeal, No. 290, Jan. T., 1901, by plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1899, No. 748, refusing to take off nonsuit in case of City of Scranton v. E. B. Sturges. Assumpsit to recover the cost of repairing a street.
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Appeal, No. 290, Jan. T., 1901, by plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1899, No. 748, refusing to take off nonsuit in case of City of Scranton v. E. B. Sturges. Assumpsit to recover the cost of repairing a street. The court entered a compulsory nonsuit which it subsequently refused to take off, Carpenter, J., filing the following opinion : One of the reasons given in the motion for a nonsuit in this case was the following : The ordinance and contract in this case, providing as they do that the assessment upon the abutting properties shall cover not only the original cost…
1Opinion of the Court
Per Curiam,
In 1890, by proper proceedings the city of Scranton determined to pave Washington avenue with sheet asphalt, and thereupon made a contract with the Trinidad Asphalt Company to put down the pavement. But the contract, in addition to the laying of the pavement according to plans and specifications for work and materials, included this further stipulation : “ Said repairs to include all breaking of pavement for gas, water and sewer purposes, as well as the ordinary wear and tear so far as the city is concerned for a period of five years.” Before the expiration of five years, the…
2Cases cited1 opinion
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Philadelphia, to Use v. EgolfSupreme Court of Pennsylvania · 1934
- Williamsport v. HughesSuperior Court of Pennsylvania · 1902
- Barber Asphalt Paving Co. v. City of IndianapolisIndiana Court of Appeals · 1913
- Scranton City v. RobertsonSuperior Court of Pennsylvania · 1905