Dunn v. Mellon
Supreme Court of Pennsylvania
Appeal, No. 279, Oct. T., 1891, by defendants from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1890, No. 632, on verdict for plaintiff. Tresjoass by Michael J. Dunn and Margaret Dunn, his wife, against James R. Mellon and Thomas A. Mellon, partners doing business as Mellon Brothers, and others their employees, to recover damages for the eviction of the plaintiffs from a dwelling-house owned by Mellon Brothers and by them leased to said Margaret Dunn. Issue.
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Appeal, No. 279, Oct. T., 1891, by defendants from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1890, No. 632, on verdict for plaintiff. Tresjoass by Michael J. Dunn and Margaret Dunn, his wife, against James R. Mellon and Thomas A. Mellon, partners doing business as Mellon Brothers, and others their employees, to recover damages for the eviction of the plaintiffs from a dwelling-house owned by Mellon Brothers and by them leased to said Margaret Dunn. Issue. At the trial on May 7,1891, the following facts were shown : On June 24, 1889, an ordinance of the city of Pittsburgh directing the…
1Opinion of the Court
Opinion by
Mb. .Justice Gbeen,
It was clearly proved on the trial, by direct and entirely uncontradicted evidence, that the act of the defendants in removing a portion of the house in question, was done in obedience to a positive, mandatory order of the commissioner of highways of the city of Pittsburgh. That order was given in conformity with the law as it then was. An ordinance for the opening of Kirkwood street, from Highland Avenue to Collins Avenue, had been regularly ordained and enacted by the city councils. •Viewers to assess damages and benefits had been regularly appointed, and had…
2Cases cited3 opinions
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1858
- Whitney v. City of PittsburghSupreme Court of Pennsylvania · 1891
- Campbell v. CommonwealthSupreme Court of Pennsylvania · 1881
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- Pinzhoffer v. Franzen, Pennsylvania Court of Common Pleas, Philadelphia County1943
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