Legal Opinion

City of Philadelphia v. Ramsay

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeals, Nos. 282PublishedCited by 3 opinions

Appeals, Nos. 282 and 283, Oct. T., 1918, by defendant, from judgments of C. P. No. 3, Philadelphia Co., Dec. T., 1911, M. L. D. Nos. 1675 and 1676, on verdict for plaintiff in case of City of Philadelphia to use of Barber Asphalt Paving Company v. Allen N. Ramsay. Scire facias sur municipal lien for street paving. Before Ferguson, J. The facts appear by the opinion of the Superior Court.

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Appeals, Nos. 282 and 283, Oct. T., 1918, by defendant, from judgments of C. P. No. 3, Philadelphia Co., Dec. T., 1911, M. L. D. Nos. 1675 and 1676, on verdict for plaintiff in case of City of Philadelphia to use of Barber Asphalt Paving Company v. Allen N. Ramsay. Scire facias sur municipal lien for street paving. Before Ferguson, J. The facts appear by the opinion of the Superior Court. The court directed a verdict for plaintiffs and judgment was entered thereon for $20.96 and $221.12. Errors assigned were in directing verdict for plaintiff and entering judgment thereon.

1Opinion of the Court

Opinion by

Portee, J.,

These two appeals by the defendant are from judgments entered upon verdicts in actions of scire facias upon municipal claims for paving the cartway of Fifty-first street, in the City of Philadelphia. The assessments upon which the claims are founded were made under the foot-front' rule, and there was nothing in the evidence to indicate that the property abutting upon the street was *187rural, not urban, which would render the application of that manner of assessment fqr the cost of the paving of the cartway invalid. The defense was upon the ground that the new pavement of the…

2Cases cited3 opinions

  1. Scranton v. KoehlerSupreme Court of Pennsylvania · 1901
  2. City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
  3. Erie City v. WillisSuperior Court of Pennsylvania · 1903

3Cited by3 opinions

  1. City of Allentown v. OttSuperior Court of Pennsylvania · 1924
  2. Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925
  3. Carlisle Suburban Authority v. Frey, Pennsylvania Court of Common Pleas, Cumberland County1976

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