Mayor v. Randolph
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. The action in the court below was in Case brought by George F. Randolph and Richard Randolph, executors of Edward Randolph, deceased, against the Mayor, Aldermen and citizens of Philadelphia.
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ERROR to the District Court for the city and county of Philadelphia. The action in the court below was in Case brought by George F. Randolph and Richard Randolph, executors of Edward Randolph, deceased, against the Mayor, Aldermen and citizens of Philadelphia. The plaintiffs in their narr. averred that they were seised and possessed of-a lot of ground between Market and Filbert streets and Schuylkill Fi’ont and Second streets, and the defendants stopped up a water-course called “ Minnow Run,” which used to flow over their lot, and from thence into a lot of the defendants and the river…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— The only question that could arise on the pleadings and evidence in this case was, whether the defendants had authority for what they did under the Acts of Assembly in relation to the powers of the city corporation and the ordinances enacted in pursuance of them. If they had authority to direct the run to be stopped for the purpose of pitching, grading and levelling the streets and regulating the ascents and descents of the streets and water-courses of the city, they were justified in what they did. Green v. The Borough of Reading, (9…
2Cases cited1 opinion
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
3Cited by9 opinions
- Yealy v. FinkSupreme Court of Pennsylvania · 1862
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
- David McGilvray & Co. v. AverySupreme Court of Vermont · 1857
- Allentown v. KramerSupreme Court of Pennsylvania · 1873
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