Legal Opinion

Hand v. Fellows

Supreme Court of Pennsylvania

Decided April 18, 1892No. Appeal, No. 66PublishedCited by 9 opinions

Appeal, No. 66, Jan. T., 1892, by defendants, John H. Fellows, mayor of city of Scranton, et al. from decree of C. P. Lackawanna Co., Sept. T., 1891, No. 9, awarding a preliminary injunction at the suit of plaintiff, Horace E. Hand. Bill in equity praying an injunction to restrain the mayor and the city controller from entering into a contract for paving, in pursuance of an ordinance of the city of Scranton.

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Appeal, No. 66, Jan. T., 1892, by defendants, John H. Fellows, mayor of city of Scranton, et al. from decree of C. P. Lackawanna Co., Sept. T., 1891, No. 9, awarding a preliminary injunction at the suit of plaintiff, Horace E. Hand. Bill in equity praying an injunction to restrain the mayor and the city controller from entering into a contract for paving, in pursuance of an ordinance of the city of Scranton. The bill alleged that plaintiff was the owner of property abutting on Clay avenue in the city of Scranton, and that the city councils had passed an ordinance providiiig for the paving and…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The facts in this case are not in controversy. They present an important legal question upon which the courts in which *460it has arisen are not in accord, and the practical importance of which to cities of the third class makes an early decision upon it desirable. It appears that a portion of Clay avenue, in the city of Scranton, has been recently paved under an ordinance passed on August 18,1891, which charged the expense of paving on the real estate fronting on the avenue by the “ foot-front rule ” in accordance with the act of 1889, l’elating to cities of the…

2Cited by9 opinions

  1. Park Avenue SewersSupreme Court of Pennsylvania · 1895
  2. Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
  3. Frederick StreetSupreme Court of Pennsylvania · 1892
  4. Beltzhoover Borough v. Heirs of BeltzhooverSupreme Court of Pennsylvania · 1896
  5. Ebensburg Borough v. LittleSuperior Court of Pennsylvania · 1905

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