Legal Opinion

Philadelphia v. Hey

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 186PublishedCited by 4 opinions

Appeal, No. 186, Oct. T., 1901, by defendants’, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1894, No. 1748, M. L. D., on verdict for plaintiff in case of City' of Philadelphia v. Richard Hey et a-1. Scire facias sur municipal lien. Motion for judgment on point reserved. Willson, J., filed the following opinion : These cases all grew out of the construction by the city of a sewer on Main street, from Schur’s lane to Ridge avenue.

Read the full summary

1Opinion of the Court

Per Curiam,

We are of the opinion that the questions raised on the argument of this appeal, as well as the appeal of City of Philadelphia v. Hannah Athow et al., No. 187, October term, 1901, were correctly decided by the court below. The cases are controlled by the Act of July 26, 1897, P. L. 420, and not by the Act of April 16, 1845, P. L. 488, which alone was construed in the case of Philadelphia v. Beatty, 9 Pa. Superior Ct. 255. The judgments are sustained by the clear and satisfactory opinions of the court below in which we concur.

Judgment affirmed.

2Cases cited1 opinion

City of Philadelphia v. BeattySuperior Court of Pennsylvania · 1899

3Cited by4 opinions

Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904
City of Allentown v. OttSuperior Court of Pennsylvania · 1924
Philadelphia v. ScipleSuperior Court of Pennsylvania · 1906
Millcreek Township v. Young, Pennsylvania Court of Common Pleas, Erie County1981