Legal Opinion

Twenty-eighth Street

Supreme Court of Pennsylvania

Decided November 13, 1893No. Appeal, No. 209PublishedCited by 6 opinions

Appeal, No. 209, Oct. T., 1893, from order of C. P. No. 1, Allegheny Co., Sept. T,, 1891, No. 125, confirming report of viewers in the matter of the sewer on Twenty-eighth street, Pittsburgh. Certiorari to report of viewers assessing benefits and damages for construction of sewer.

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Appeal, No. 209, Oct. T., 1893, from order of C. P. No. 1, Allegheny Co., Sept. T,, 1891, No. 125, confirming report of viewers in the matter of the sewer on Twenty-eighth street, Pittsburgh. Certiorari to report of viewers assessing benefits and damages for construction of sewer. The report of the viewers stated that they viewed the premises, heard all parties appearing before them after notice, and proceeded to ascertain the total damages, costs and expenses of the improvement, etc. They further reported: “We find the total amount of damages, costs and expenses of the improvement to be…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The sewer on Twenty-eighth street was constructed under the acts of 1887 and 1889, relating to cities of the second class. These acts were held to be unconstitutional in Engel’s Ap., 137 Pa. 494, and the assessments of benefits made under those acts fell. The act of May 16,1891, known as the Remedial Act, provided a mode for the assessment of benefits for the various improvements made under the acts of 1887 and 1889. The city applied for the appointment of viewers under the act of 1891 to ascertain the cost of the sewer on Twenty-eighth street, and to assess…

2Cases cited3 opinions

  1. Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
  2. Omega StreetSupreme Court of Pennsylvania · 1893
  3. Bingaman v. City of PittsburghSupreme Court of Pennsylvania · 1892

3Cited by6 opinions

  1. Howell v. Morrisville BoroughSupreme Court of Pennsylvania · 1905
  2. Moore v. City of YonkersCourt of Appeals for the Second Circuit · 1916
  3. In re City of PittsburgSupreme Court of Pennsylvania · 1897
  4. West Liberty Avenue SewerSuperior Court of Pennsylvania · 1913
  5. Carlisle StreetSuperior Court of Pennsylvania · 1913

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