Western Pennsylvania Railway Co. v. City of Allegheny
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 79. Scire facias sur municipal lien, filed by the city of Allegheny against' the Western Pennsylvania Railway Company, to recover the cost of construction of one-half of a stone-wall erected by said city, on the south side of Church street.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 79. Scire facias sur municipal lien, filed by the city of Allegheny against' the Western Pennsylvania Railway Company, to recover the cost of construction of one-half of a stone-wall erected by said city, on the south side of Church street. The claim of the city was for $4693.14. The improvement of Church avenue by grading and paving for a distance of 1377J feet, was the basis of the claim. The avenue on the south side fronts 682 feet on the depot property of the railroad company. This…
1Opinion of the CourtJustice Mercur
This is a municipal claim for grading and paving Church avenue, and for the erection of a stone-wall partly on the lands of the plaintiff in error. The claim for grading and paving is not resisted. The contention is in regard to the liability of the company to pay for the wall. About six hundred and eighty-three feet in length of this wall was built partly within the limits of the avenue, and partly on the land of the company. It was from five to nine feet wide at its base, varying according to its height. At the top it was two and a half feet wide, and the line of the street passed through…
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