Legal Opinion

Borough of Adamstown v. Hartman

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 119PublishedCited by 1 opinion

Appeal, No. 119, Oct. T., 1920, by defendant, from judgment of C. P. Lancaster County, May T., 1919, No. 32, on verdict for plaintiff in case of the Borough of Adamstown v. Nathan E. Hartman. Scire facias sur municipal lien. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff in the sum of $101.18 and judgment was entered thereon. Defendant appealed.

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Appeal, No. 119, Oct. T., 1920, by defendant, from judgment of C. P. Lancaster County, May T., 1919, No. 32, on verdict for plaintiff in case of the Borough of Adamstown v. Nathan E. Hartman. Scire facias sur municipal lien. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff in the sum of $101.18 and judgment was entered thereon. Defendant appealed. Errors assigned, among others, were in directing a verdict for plaintiff and in refusing judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Trexler, J.,

The public road leading from Reading to Lancaster passes through Adamstown and within the borough is Main street. The borough after appropriate action constructed a pavement along the front of defendant’s property and filed a lien for the cost thereof.

The defendant gives several reasons why he should not be compelled to pay for the pavement. He alleges his property does not abut on the street. Mary E. Eberly, administratrix, in July, 1912, gave a deed to one J. H. Lied, which called for Main street as one of the boundaries and provided that “no house shall be built…

2Cases cited11 opinions

  1. Appeal of County of DelawareSupreme Court of Pennsylvania · 1888
  2. Kniss v. Borough of DuquesneSupreme Court of Pennsylvania · 1917
  3. Smith v. Kingston BoroughSupreme Court of Pennsylvania · 1888
  4. Canton Borough v. WilliamsSuperior Court of Pennsylvania · 1917
  5. Scott v. PittsburghSupreme Court of Pennsylvania · 1920

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Haverford School v. Department of Highways, Pennsylvania Court of Common Pleas, Dauphin County1926

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