Philadelphia ex rel. Parker v. Henry
Supreme Court of Pennsylvania
Appeals, Nos. 253, 254 and 255, by plaintiff, City of Philadelphia, to use of Parker & Smart, from judgment of C. P. No. 4, Phila. Co., March T., 1892, Nos. 116, 117 and 118, for defendant, Charles W. Henry, non obstante veredicto. Scire facias sur municipal lien. Before Willson, J. At the trial it appeared that in 1890, the city of Philadelphia changed the grade of Broad street northward from the Connecting Railway.
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Appeals, Nos. 253, 254 and 255, by plaintiff, City of Philadelphia, to use of Parker & Smart, from judgment of C. P. No. 4, Phila. Co., March T., 1892, Nos. 116, 117 and 118, for defendant, Charles W. Henry, non obstante veredicto. Scire facias sur municipal lien. Before Willson, J. At the trial it appeared that in 1890, the city of Philadelphia changed the grade of Broad street northward from the Connecting Railway. The property of Charles W. Henry on the west side of Broad street, was affected by this change of grade, and in the progress of the work a good pavement in front of Mr. Henry’s…
1Opinion of the Court
Per Curiam,
This, and two other municipal liens for repairing sidewalk pavements which were torn up and destroyed by the city authorities in changing the grade of Broad street, were argued together, and may be disposed of by briefly referring to the undisputed facts and a few of the authorities applicable thereto.
In substance, the following facts were admitted on the trial in the court below:
The sidewalk pavement in front of the liened premises was put down by the defendant at his own expense about two years before the grade of Broad street, at that point, was *40changed. In changing said grade,…
2Cases cited3 opinions
- Wistar v. PhiladelphiaSupreme Court of Pennsylvania · 1876
- City of Philadelphia ex rel. Johnson v. WistarSupreme Court of Pennsylvania · 1880
- Wistar v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
3Cited by4 opinions
- In re Shilshole AvenueWashington Supreme Court · 1915
- Golden v. PhiladelphiaSuperior Court of Pennsylvania · 1947
- Philadelphia ex rel. DePaul v. Philadelphia Authority for Industrial DevelopmentSuperior Court of Pennsylvania · 1974
- Carlisle Borough v. FladgerSuperior Court of Pennsylvania · 1945