Borough of Duquesne v. Kunze
Superior Court of Pennsylvania
Appeal No. 78, April T., 1898, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 371, on case stated, in favor of plaintiff. Case stated.
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Appeal No. 78, April T., 1898, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 371, on case stated, in favor of plaintiff. Case stated. Before Frazer, J. The facts sufficiently appear in the opinion of the court below which is as follows : On August 21, 1894, the plaintiff borough, under an ordinance duly adopted on January 8, 1893, let the contract for the grading, paving with vitrified bricks and curbing of Duquesne avenue, in that borough, between Grant and Oliver avenues. The work was begun in September, 1894, and completed in August, 1895. On April 10,1895,…
1Opinion of the Court
Opinion by
Porter, J.,
We can add little to the opinion filed by the court below in entering judgment in favor of the plaintiff for $302.44 under the terms of the case stated. The traction company procured from the borough authorities the right to lay tracks upon Duquesne avenue provided the former should “pave or pay the reasonable cost of paving ” a certain portion of the street. If the company had themselves paved the street, the question raised here could not have arisen. They however chose the second alternative. It was nevertheless the company’s money that paid for the paving. It was in…
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