Legal Opinion

Morewood Avenue

Supreme Court of Pennsylvania

Decided October 30, 1893No. Appeal, No. 178PublishedCited by 3 opinions

Appeal, No. 178, Oct. T., 1893, by Walton Ferguson, a property owner, from order of C. P. No. 3, Allegheny Co., May T., 1892, No. 117, dismissing exceptions to report of street viewers. Exceptions to report of viewers to assess damages and benefits for grading, paving and curbing Morewood avenue, formerly Barton street, between Fifth avenue and Forbes street, in the city of Pittsburgh. The report of the viewers is given in the preceding case.

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Appeal, No. 178, Oct. T., 1893, by Walton Ferguson, a property owner, from order of C. P. No. 3, Allegheny Co., May T., 1892, No. 117, dismissing exceptions to report of street viewers. Exceptions to report of viewers to assess damages and benefits for grading, paving and curbing Morewood avenue, formerly Barton street, between Fifth avenue and Forbes street, in the city of Pittsburgh. The report of the viewers is given in the preceding case. The viewers met on the premises April 13, 1892, pursuant to notice, and afterwards at Municipal Hall on April 29,1892, when a hearing was had. On July…

1Opinion of the Court

Opinion by

Mr. Justice Green,

As the property of the appellant in this case abuts upon the line of the improvement, it is subject to an assessment for benefits. The validity of the report of the viewers may be considered under the first assignment of error, and, as the decisions of this court in Travers’ Appeal, 152 Pa. 129, and Wilson’s Appeal, 152 Pa. 136, are fatal to the report as the basis of any decree, the first assignment must be sustained. The second assignment must be sustained for the same reason. We think also that the third assignment must be sustained. In this case exceptions were…

2Cases cited4 opinions

  1. Western Pennsylvania Railway Co. v. City of AlleghenySupreme Court of Pennsylvania · 1879
  2. Hershberger v. City of PittsburghSupreme Court of Pennsylvania · 1887
  3. Omega StreetSupreme Court of Pennsylvania · 1893
  4. Shiloh StreetSupreme Court of Pennsylvania · 1893

3Cited by3 opinions

  1. Morrow v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1910
  2. City of Erie v. Piece of Land Fronting on Eighteenth StreetSupreme Court of Pennsylvania · 1895
  3. Carlisle v. WelshSuperior Court of Pennsylvania · 1920

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