Legal Opinion

Amberson Avenue

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 32PublishedCited by 7 opinions

Appeal, No. 32, Oet. T., 1895, by A. H. Childs et al., from order of C. P. No. 3, Allegheny Co., Aug. T., 1891, dismissing exceptions to report of viewers. Exceptions to report of road viewers.

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Appeal, No. 32, Oet. T., 1895, by A. H. Childs et al., from order of C. P. No. 3, Allegheny Co., Aug. T., 1891, dismissing exceptions to report of viewers. Exceptions to report of road viewers. In addition to tbe facts set out in the opinion of the Supreme Court it may be stated, as appeared from the record, that in September 1889, a petition was presented to the councils of the city of Pittsburg by certain residents on Amberson avenue, for the paving and curbing of the avenue; and on the 13th of that month an ordinance was approved authorizing the improvements. The work was completed under…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The assignments of error may be considered under three heads — those which relate to the allowance against the property owners of the cost of paving the sidewalks, those which relate to the recovery from the city of the cost of grading, and those which raise questions of fact only as to the manner in which the work was done, the fair value thereof, and the equitable apportionment of the cost of improvement among the properties benefited.

The improvement of Amberson avenue was made under the act of May 16, 1889, which was decided in Pittsburgh’s Petition, 138 Pa. 401,…

2Cases cited6 opinions

  1. Silsby Mfg. Co. v. AllentownSupreme Court of Pennsylvania · 1893
  2. Whitney v. City of PittsburghSupreme Court of Pennsylvania · 1891
  3. City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880
  4. Shiloh StreetSupreme Court of Pennsylvania · 1895
  5. McKnight v. City of PittsburghSupreme Court of Pennsylvania · 1879

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3Cited by7 opinions

  1. Sandy Lake Borough v. Sandy Lake & Stoneboro Gas Co.Superior Court of Pennsylvania · 1901
  2. Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904
  3. City of Harrisburg v. SheplerSuperior Court of Pennsylvania · 1898
  4. Hamilton AvenueSuperior Court of Pennsylvania · 1911
  5. Levi v. Oakmont BoroughSuperior Court of Pennsylvania · 1910

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