Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1894, by-plaintiff, Phila. to use of William A. Nestor, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 588, on: verdict for defendant. Scire facias sur municipal claim.for paving the unpaved plots in the center of Spring Garden street between Tenth and Eleventh streets, in the city of Philadelphia, formerly occupied by market houses.
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Appeal, No. 95, Jan. T., 1894, by-plaintiff, Phila. to use of William A. Nestor, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 588, on: verdict for defendant. Scire facias sur municipal claim.for paving the unpaved plots in the center of Spring Garden street between Tenth and Eleventh streets, in the city of Philadelphia, formerly occupied by market houses. Before Biddle, J. At the trial it appeared that, when the market houses were removed, an ordinance was passed authorizing a contract for grading and paving the portion of the street formerly occupied by the market.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Appellant’s argument is divided into three heads, and we may conveniently follow the same general arrangement, though we prefer to put the headings into somewhat different form.
1. The act of April 8, 1864, P. L. 297, incorporating the Union Passenger Railway Company, in express terms, required that the company should “ be at the entire cost and expense of paving, repairing and repaving that may be necessary upon any street where the track of said company may be laid.” This language is too plain to need interpretation. The argument that the previous words in the…
2Cases cited6 opinions
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Pennsylvania & Ohio Canal Co. v. GrahamSupreme Court of Pennsylvania · 1870
- Philadelphia v. EvansSupreme Court of Pennsylvania · 1891
- Ridge Ave. Pass. Ry. Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Commonwealth v. DepofiSupreme Court of Pennsylvania · 1949
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Commonwealth v. Megargee Bros.Supreme Court of Pennsylvania · 1922
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
- Borough of Sharpsville v. RandallSuperior Court of Pennsylvania · 1919
12 more not listed; retrieve them via the Exa API.