Allegheny City v. West. Penna. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 205 October Term 1889, Sup. Ct.; court below, No. Id January Term 1889, M. L. D., C. P. No. 2. On December 8, 1888, the city of Allegheny filed a municipal claim for §4,238.78, with interest from July 1, 1888, and attorney’s commissions of five per cent, against a certain lot of ground described as fronting 442 feet on the south side-of East Ohio street in said city, and running back therefrom…
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APPEAL BY PLAINTIFF FROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 205 October Term 1889, Sup. Ct.; court below, No. Id January Term 1889, M. L. D., C. P. No. 2. On December 8, 1888, the city of Allegheny filed a municipal claim for §4,238.78, with interest from July 1, 1888, and attorney’s commissions of five per cent, against a certain lot of ground described as fronting 442 feet on the south side-of East Ohio street in said city, and running back therefrom 52 feet to South Canal street, with a further description of its location and boundaries; averring that the Western…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson:
This was a municipal claim filed by the city of Allegheny against the Western Pennsylvania Railroad Company, for grading, paving, and curbing East Ohio street, in said city. An affidavit of defence was filed on behalf of the defendant company, in which it is set forth, inter alia.
“ That the lot of ground, hereinbefore described, is at present used and occupied by said railroad company with two main tracks, known a!s an east-bound and a west-bound track; and, in addition thereto, there is constructed over said lot, and now in use, two sidings extending the…
2Cases cited5 opinions
- Appeal of FoxSupreme Court of Pennsylvania · 1886
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
- City of Philadelphia v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1859
- Commonwealth v. WoodsSupreme Court of Pennsylvania · 1863
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- Morewood AvenueSupreme Court of Pennsylvania · 1893
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HaysIndiana Court of Appeals · 1896
- City of Barre v. Barre & Chelsea RailroadSupreme Court of Vermont · 1924
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