Thirteenth Street
Superior Court of Pennsylvania
Appeal, No. 166, Oct. T., 1900, by G. Ell wood Wagner, from order of Q. S. Phila. Co., May T., 1899, Docket 46, p. 560, dismissing exceptions to report of viewers in In re opening of Thirteenth Street from Oak Lane to Sixty-sixth Avenue, North, in the City of Philadelphia. Exceptions to report of viewers.
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Appeal, No. 166, Oct. T., 1900, by G. Ell wood Wagner, from order of Q. S. Phila. Co., May T., 1899, Docket 46, p. 560, dismissing exceptions to report of viewers in In re opening of Thirteenth Street from Oak Lane to Sixty-sixth Avenue, North, in the City of Philadelphia. Exceptions to report of viewers. The principal exceptions to the report of viewers were as follows: 3. Because the property of G. Ellwood Wagner, against which the assessment of benefits was made, at the time of said assessment abutted upon that portion of Thirteenth street which had theretofore been dedicated to the city…
1Opinion of the Court
Opinion by
Rice, P. J.,
In Morewood Avenue, 159 Pa. 20, Mr. Justice Green, after an exhaustive review of the earlier cases, stated the doctrine established by them in this way: “ As we have repeatedly decided, the doctrine of assessment for benefits, to pay for public improvements, can only be defended upon the ground that the benefits are local and essentially peculiar to the very property assessed, and then it can only be done once. This can only be the case where the property assessed abuts directly upon the line of the improvement. Having their own burdens to bear in this respect, the…
2Cases cited11 opinions
- Morewood AvenueSupreme Court of Pennsylvania · 1893
- Park Avenue SewersSupreme Court of Pennsylvania · 1895
- Witman v. City of ReadingSupreme Court of Pennsylvania · 1895
- Fifty-fourth StreetSupreme Court of Pennsylvania · 1894
- In re the Opening of Orkney StreetSupreme Court of Pennsylvania · 1900
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