Washington Avenue
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Allegheny county: In Equity: No. 172, to October and November Term 1870. On the 7th of June 1841, the legislature incorporated the Coal Hill and Upper St. Clair Turnpike Road Company, to make an artificial road from near the top of Coal Hill, in Allegheny county, about one and a quarter miles from south end of the Monongahela bridge at Pittsburg, in a direction towards Canonshurg, in the' county of Washington; the road…
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Appeal from the decree of the Court of Common Pleas of Allegheny county: In Equity: No. 172, to October and November Term 1870. On the 7th of June 1841, the legislature incorporated the Coal Hill and Upper St. Clair Turnpike Road Company, to make an artificial road from near the top of Coal Hill, in Allegheny county, about one and a quarter miles from south end of the Monongahela bridge at Pittsburg, in a direction towards Canonshurg, in the' county of Washington; the road to be ten miles in length, reserving power to the legislature to resume the franchises of the company should the road not…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1871, by
Agnew, J.
This case presents a new question upon the power of taxation: the authority of the legislature to compel the owners of farm lands, lying within one mile on each side of a public highway, to pay for grading, macadamizing, and improving it, by an assessment upon their lands by the acre. It is not a ease of municipal taxation by a county, township, city or borough, for local improvements. The law created a corporation of seven commissioners to take charge of the avenue, make the improvements, lay and collect the taxes, and…
2Cases cited2 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
3Cited by43 opinions
- Saulsbury v. Bethlehem Steel Co.Supreme Court of Pennsylvania · 1964
- AMIDON v. KaneSupreme Court of Pennsylvania · 1971
- Southwest Delaware County Municipal Authority v. Aston TownshipSupreme Court of Pennsylvania · 1964
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Pittsburg v. Sterrett Subdistrict SchoolSupreme Court of Pennsylvania · 1903
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