Legal Opinion

Fraser v. Pittsburg

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 153PublishedCited by 4 opinions

Appeal, No. 153, April T., 1909, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., May T., 1905, No. 186, on verdict for defendant in case of E. M. Fraser v. City of Pittsburg. Appeal from report of jury of view.

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Appeal, No. 153, April T., 1909, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., May T., 1905, No. 186, on verdict for defendant in case of E. M. Fraser v. City of Pittsburg. Appeal from report of jury of view. At the trial the plaintiff made the following offer: We offer the viewers’ report to show what the total cost of the improvement on that alley was and the number of feet between St. Clair street and Mellon street in order that the inference may be drawn as to what proportion was charged against the property per foot front. Objected to as incompetent and irrelevant, the…

1Opinion of the Court

Opinion by

Porter, J.,

The city graded, paved and curbed James alley, a distance of one square, from St. Clair street to Mellon street, both of which were improved streets. Viewers were appointed to assess the damages and benefits resulting from this improvement, under the provisions of the Act of May 16, 1891, P. L. 75, as supplemented and amended by later legislation. The viewers filed a report finding the amount of the costs and expenses of the improvement and making assessments, to pay such costs and expenses, upon abutting properties, including that of the appellant. The report made no…

2Cases cited4 opinions

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  2. Brackney v. Crafton BoroughSuperior Court of Pennsylvania · 1906
  3. Murdoch v. PittsburgSupreme Court of Pennsylvania · 1909
  4. Seventh Street SewerSuperior Court of Pennsylvania · 1908

3Cited by4 opinions

  1. Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
  2. Township of Lower Chichester v. RobertsSuperior Court of Pennsylvania · 1931
  3. In Re Opening of Schaffer AvenueSuperior Court of Pennsylvania · 1925
  4. Swayne v. City of HattiesburgMississippi Supreme Court · 1927

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