Charleroi Borough v. Bailey
Superior Court of Pennsylvania
Appeals, Nos. 80, 81 and 82, from judgments of C. P. Washington Co., Aug. T., 1911, Nos. 210, 213 and 214, on verdict for plaintiff in cases of Charleroi v. John Bailey, Charles Hepler and George W. Lumsden. Scire facias sur municipal claim. Before McIlvaine, P. J. At the trial the court directed a verdict for plaintiff, reserving a question of law. Verdict for plaintiff.
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Appeals, Nos. 80, 81 and 82, from judgments of C. P. Washington Co., Aug. T., 1911, Nos. 210, 213 and 214, on verdict for plaintiff in cases of Charleroi v. John Bailey, Charles Hepler and George W. Lumsden. Scire facias sur municipal claim. Before McIlvaine, P. J. At the trial the court directed a verdict for plaintiff, reserving a question of law. Verdict for plaintiff. Subsequently the court overruled a motion for judgment for defendant non obstante veredicto and directed judgment to be entered on the verdict for plaintiff. Error assigned was in entering judgment on the verdict.
1Opinion of the Court
Opinion by
Porter, J.,
The borough of Charleroi, by ordinance approved October 23, 1908, undertook to grade, pave and curb a part of Lincoln avenue, 499 feet in length and connecting parts of the street already paved and improved, and authorized and instructed the burgess to enter into a contract for the performance of said grading, paving and curbing, in accordance with plans and specifications which had been approved by the borough engineer, the burgess and town council. The contract was let, with the approval of the borough council and the work completed in accordance with its provisions, on…
2Cases cited6 opinions
- Donley v. City of PittsburghSupreme Court of Pennsylvania · 1892
- New Brighton Borough v. BiddellSuperior Court of Pennsylvania · 1900
- New Brighton Borough v. BiddellSupreme Court of Pennsylvania · 1902
- Whitney v. City of PittsburghSupreme Court of Pennsylvania · 1892
- City of Bradford v. FoxSupreme Court of Pennsylvania · 1895
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3Cited by1 opinion
- Cresson Borough v. SeedsSupreme Court of Pennsylvania · 1926