In re City of Pittsburg
Supreme Court of Pennsylvania
Appeal, No. 34, Oct. T., 1896, by Maria F. Smith, from order of C. P. No. 3, Allegheny Co., Feb. T., 1895, No. 532, dismissing exceptions to report of viewers. Exceptions to report of viewers. From the record it appeared that on January 16, 1895, the city of Pittsburg presented a petition for the appointment of viewers for the assessment of damages and benefits for the paving, laying and curbing of a sidewalk on Wightman street.
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Appeal, No. 34, Oct. T., 1896, by Maria F. Smith, from order of C. P. No. 3, Allegheny Co., Feb. T., 1895, No. 532, dismissing exceptions to report of viewers. Exceptions to report of viewers. From the record it appeared that on January 16, 1895, the city of Pittsburg presented a petition for the appointment of viewers for the assessment of damages and benefits for the paving, laying and curbing of a sidewalk on Wightman street. Viewers were appointed who assessed benefits on the land of Maria F. Smith, James J. Mead, Frank H. Speer, A. J. Mercer, Margaret A. Mercer, Harriet Spratt, A. M.…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
There is no foundation for the complaint that the appellant was denied a hearing in the common pleas. She had the fullest opportunity to be heard, and the record of the proceedings in court indicates a desire on her part to avoid a hearing and de*633cisión of the question. The exceptions to the report of the viewers were in substance that the assessments were based upon the cost and not the value of the improvements, and that they Avere excessive and inequitable; and that they Avere improperly made because the viewers had not from personal inspection ascertained the…
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