Brackney v. Crafton Borough
Superior Court of Pennsylvania
Appeal, No. 80, April T., 1906, by plaintiff, from order of O. P. No. 3, Allegheny Co., May T., 1904, No. 666, making absolute rules to strike off appeals in case of J. E. Brackney v. Crafton Borough. Rule to strike off appeals. Before Evans, J. ' The facts are stated in the opinion of the Superior Court. Error assigned was the order of the Court.
1Opinion of the Court
Opinion by
Henderson, J.,
The assessment from which the appellant claims the right to appeal was made to pay the cost and expense of the construction of a sewer along the appellant’s lot. No property was taken, injured or destroyed, nor was any claim for damages presented. Under the Act of April 2, 1903, P. L. 124, the report of a board of viewers when confirmed by the court is conclusive as to any assessment made therein to pay the costs and expenses of any street, sewer or other improvement unless an appeal be taken to the Superior or Supreme Court within thirty days. This act the appellant…
2Cases cited4 opinions
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Oil City v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1893
- Beechwood Avenue SewerSupreme Court of Pennsylvania · 1897
- White v. RechSupreme Court of Pennsylvania · 1895
3Cited by7 opinions
- Kunze v. Duquesne CitySuperior Court of Pennsylvania · 1936
- Murdoch v. PittsburgSupreme Court of Pennsylvania · 1909
- Fraser v. PittsburgSuperior Court of Pennsylvania · 1909
- Seventh Street SewerSuperior Court of Pennsylvania · 1908
- Township of Lower Chichester v. RobertsSuperior Court of Pennsylvania · 1931
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