Legal Opinion

McAlpine Street

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 3PublishedCited by 2 opinions

Appeal, No. 3, March T., 1909, by the Borough of Avoca, from order of C. P. Luzerne Co., Oct. T., 1906, No. 1,231, making absolute rule to strike off appeal in’ the case of McAlpine Street. Rule to strike off appeal. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to strike off appeal.

1Opinion of the Court

Opinion by

Beaver, J.,

Under the Act of May 24,1878, P. L. 129, viewers were regularly appointed to assess the damages, caused by the change of grade of McAlpine street, to certain persons whose property was affected thereby. Under the power conferred upon them by the act aforesaid, the said viewers awarded the sum of $750 to Bridget Doran, the appellee here.

Although no provision is made in this act for an appeal to the court of common pleas, the Act of June 13,1874, P. L. 283, provides: “That in all cases of damages assessed against any municipal or other corporation, or individual or…

2Cases cited2 opinions

  1. Assigned Est. of Graff, Bennett & Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Danville v. RhodesSupreme Court of Pennsylvania · 1897

3Cited by2 opinions

  1. Taylor v. SiersSuperior Court of Pennsylvania · 1916
  2. Moore v. Steinman Hardware Co., Pennsylvania Court of Common Pleas, Lancaster County1934

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