Philadelphia v. Evans
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 409 January Term 1890, Sup. Ct.: court below, No. 117 June Term 1889, C. P. No. 2. On June 19,1889, tbe city of Philadelphia, to the use of B. M. Shanley, and John M. Mack, trading as Shanley & Mack, filed a municipal claim against Samuel T. Evans, owner, etc., of a certain lot of ground on Girard Avenue, for the paving of said avenue in front of the defendant’s lot, “ in the space formerly…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 409 January Term 1890, Sup. Ct.: court below, No. 117 June Term 1889, C. P. No. 2. On June 19,1889, tbe city of Philadelphia, to the use of B. M. Shanley, and John M. Mack, trading as Shanley & Mack, filed a municipal claim against Samuel T. Evans, owner, etc., of a certain lot of ground on Girard Avenue, for the paving of said avenue in front of the defendant’s lot, “ in the space formerly occupied as a markét place,” with granite blocks; the cost of such paving being assessed at $2.98 per square yard, and…
1Opinion of the Court
OPINION,
Mu. Chief Justice Paxson:
This was a municipal claim for paving a part of Girard Avenue with granite blocks. The portion paved was the centre of the street, formerly reserved for market purposes. The sides of said street are now, and have been for many years, paved with cobble stones. The defendant is an owner of property fronting thereon, and resists the claim of the city for various reasons which are set out fuOy in his affidavit of defence.
In the first place, he alleges that the city has no right to substitute granite paving for the older and cheaper cobble stone, and to charge the…
2Cases cited1 opinion
- Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
3Cited by13 opinions
- Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1894
- Philadelphia v. Crew-Levick Co.Supreme Court of Pennsylvania · 1923
- Philadelphia v. Pennsylvania Salt Mfg. Co.Supreme Court of Pennsylvania · 1926
- Borough of Sharpsville v. RandallSuperior Court of Pennsylvania · 1919
- City of Philadelphia v. BowmanSupreme Court of Pennsylvania · 1896
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