Legal Opinion

Scranton v. Koehler

Supreme Court of Pennsylvania

Decided July 17, 1901No. Appeal, No. 292PublishedCited by 16 opinions

Appeal, No. 292, Jan. T., 1900, by-plaintiff, from judgment of Superior Court, Jan. T., 1900, No. 12, affirming judgment of C. P. Lackawanna Co., in favor of defendant on case stated in suit of City of Scranton v. Henry T. Koehler. Appeal from Superior Court. The facts are stated in the opinion of the Supreme Court. Error assigned was in sustaining the judgment of the court of common pleas.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The city of Scranton paved Mulberry street, with sheet asphalt, and assessed the cost upon the abutting property owners. The assessment was laid without regard to the number of square yards of pavement in front of any particular property, but was made upon a pro rata basis, which was ascertained by dividing the entire cost of the improvement in proportion to the number of feet of property fronting on the street. Immediately in front of the defendant’s property a street railway had laid its tracks, and paved that portion of the street so occupied by it. The effect…

2Cases cited7 opinions

  1. Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
  2. Washington AvenueSupreme Court of Pennsylvania · 1871
  3. Witman v. City of ReadingSupreme Court of Pennsylvania · 1895
  4. Erie City v. ButlerSupreme Court of Pennsylvania · 1888
  5. City of Pittsburgh v. MacConnellSupreme Court of Pennsylvania · 1889

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3Cited by16 opinions

  1. Spring Garden Township v. LoganSuperior Court of Pennsylvania · 1942
  2. Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
  3. Borough of Dunmore v. ConradSuperior Court of Pennsylvania · 1921
  4. Greenough v. Colonial Colliery Co.Superior Court of Pennsylvania · 1938
  5. Philadelphia v. GinhartSuperior Court of Pennsylvania · 1912

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