Pittsburg v. Biggert
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny County, Jan. T., 1898, No. 500, on verdict for plaintiff in ease of city of Pittsburg v. Martha P. Biggert. Assumpsit for cost of laying sidewalk and setting curb. Before Shafer, J. The record showed that the expenses of the improvement had been incurred by the city of Pittsburg without any previous notice to the defendant to do the work.
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Appeal, No. 29, April T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny County, Jan. T., 1898, No. 500, on verdict for plaintiff in ease of city of Pittsburg v. Martha P. Biggert. Assumpsit for cost of laying sidewalk and setting curb. Before Shafer, J. The record showed that the expenses of the improvement had been incurred by the city of Pittsburg without any previous notice to the defendant to do the work. The jury returned the following special verdict: And now, to wit: April 3, 1902, we, the jurors empanelled and sworn in the above entitled cause, do find and return the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought in 1897 to recover the cost of laying a sidewalk and setting a curb in front of the *543defendant’s premises. It is urged that an action of assumpsit for such a claim will not lie. The question is to be determined by the Act ojLMay, 16, 1891, P. L. 75; it was squarely raised, and decided against the defendant’s contention, in Pittsburg v. Daly, 5 Pa. Superior Ct. 528. The principal grounds upon which the defense was rested in the court below were: first, that no notice to lay the sidewalk and set the curb was served on the defendant;…
2Cases cited14 opinions
- Schenley v. Commonwealth ex rel. City of AlleghenySupreme Court of Pennsylvania · 1859
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
- Wilkinsburg Bor. v. Home for Aged WomenSupreme Court of Pennsylvania · 1890
- Philadelphia v. Pennsylvania HospitalSupreme Court of Pennsylvania · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Mount Lebanon Township v. HobbesSuperior Court of Pennsylvania · 1963
- Shady AvenueSupreme Court of Pennsylvania · 1907
- Philadelphia v. StewardSuperior Court of Pennsylvania · 1906
- Angle v. Stroudsburg BoroughSuperior Court of Pennsylvania · 1905
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