Philadelphia v. Kerchner
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1911, No. 6724, M. L. D., on verdict for plaintiff in case of City of Philadelphia v. Jacob Kerschner. Scire facias sur municipal lien for the cost of paving old York Road in front of defendant’s property.
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Appeal, No. 15, Oct. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1911, No. 6724, M. L. D., on verdict for plaintiff in case of City of Philadelphia v. Jacob Kerschner. Scire facias sur municipal lien for the cost of paving old York Road in front of defendant’s property. Before Dougherty, J. At the trial the plaintiff claimed that the paving for which the lien was filed was a repaving following an original paving by the turnpike company which owned the road. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $35.20.…
1Opinion of the Court
Opinion by
Trexler, J.,
The City of Philadelphia filed a lien for the cost of paving Old York Road in front of defendant’s property. The facts are substantially undisputed. Old York Road was for many years one of the main highways leading out of Philadelphia, and was a toll road and as such was originally paved by the turnpike company. In 1906 the city acquired it by condemnation proceedings. Tolls were collected up to January, 1906. Although there was no toll gate at the end of the road beyond the defendant’s property, it was shown that the turnpike company exercised dominion over said portion…
2Cases cited5 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Philadelphia v. GowenSupreme Court of Pennsylvania · 1902
- Wilson v. Allegheny CitySupreme Court of Pennsylvania · 1875
3Cited by2 opinions
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928
- York City v. HoltzappleSuperior Court of Pennsylvania · 1917