Legal Opinion

Philadelphia v. Fairhill Railroad

Superior Court of Pennsylvania

Decided December 13, 1909No. 1; Appeal, No. 210PublishedCited by 1 opinion

Appeal, No. 210, Oct. T., 1909, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1905, No. 1,390, M. L. D. making absolute rule to strike off municipal lien for paving in case of City of Philadelphia to use of The Vulcanite Paving Company v. Fairhill Railroad Company. Scire facias on municipal claim for paving. Error assigned was order making absolute rule to strike off the lien.

1Opinion of the Court

Per Curiam,

The counsel for the appellant frankly concede that the question involved in this appeal was decided by this court in Philadelphia v. Philadelphia & Reading Railroad Company, 38 Pa. Superior Ct. 529. They ask for a reversal of the decision rendered in that case. We have fully reconsidered this question in the light of the able argument of appellant's counsel, but are unable to reach a different conclusion from that reached in the case cited. Nor do we deem it necessary to add anything to the opinion of Judge Porter in that case.

The judgment is affirmed.

2Cases cited1 opinion

  1. Philadelphia v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1909

3Cited by1 opinion

  1. Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943