Philadelphia v. Weaver
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1898, by Yulcanite Paving Company, in suit of City of Philadelphia to use of the Yulcanite Paving Company against Chandler Weaver and John W. Dean, owners, from judgment of C. P. No. 8, Phila. Co., Dec. T., 1894, No. 1054, M. L. D., on verdict for defendants. Opinion by W. D. Porter, J. Amicable sci. fa. sur municipal lien filed by plaintiff for $300.76, for sidewalk (excavation) grading of Borbeck street in the city of Philadelphia.
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Appeal, No. 28, Oct. T., 1898, by Yulcanite Paving Company, in suit of City of Philadelphia to use of the Yulcanite Paving Company against Chandler Weaver and John W. Dean, owners, from judgment of C. P. No. 8, Phila. Co., Dec. T., 1894, No. 1054, M. L. D., on verdict for defendants. Opinion by W. D. Porter, J. Amicable sci. fa. sur municipal lien filed by plaintiff for $300.76, for sidewalk (excavation) grading of Borbeck street in the city of Philadelphia. It appears from the evidence that by ordinance of select and common councils of the city of Philadelphia, approved June 7, 1893, Borbeck…
1Opinion of the Court
Opinion by
W. D. Portee, J.,
Borbeek street was duly opened as a public highway, on the natural grade of the surface, through the lands of defendants, in 1893. In February, 1894, an ordinance was duly passed authorizing and directing the proper department of the city government to grade the street to the established grade'of the city, and construct the necessary sewers or drains. The ordinance contained this provision, viz.: “ The owners of property fronting on said street shall grade, curb and pave their sidewalks.” The city on May 1, 1894, before any contract had been let for grading the…
2Cases cited11 opinions
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- City of McKeesport v. SolesSupreme Court of Pennsylvania · 1896
- Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
- Wilkinsburg Bor. v. Home for Aged WomenSupreme Court of Pennsylvania · 1890
- McKeesport v. SolesSupreme Court of Pennsylvania · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Canton Borough v. WilliamsSuperior Court of Pennsylvania · 1917
- Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914
- Pittsburg v. BiggertSuperior Court of Pennsylvania · 1903
- Golden v. PhiladelphiaSuperior Court of Pennsylvania · 1947
- Philadelphia ex rel. DePaul v. Philadelphia Authority for Industrial DevelopmentSuperior Court of Pennsylvania · 1974
6 more not listed; retrieve them via the Exa API.