Allegheny City v. King
Superior Court of Pennsylvania
Appeal, No. 141, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 193, on verdict for plaintiff in case of Charlotte S. King v. City of Allegheny. Appeal from jury of view. Before Frazer, J. At the trial it appeared that the city of Allegheny constructed a sewer off Perrysville avenue.
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Appeal, No. 141, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 193, on verdict for plaintiff in case of Charlotte S. King v. City of Allegheny. Appeal from jury of view. Before Frazer, J. At the trial it appeared that the city of Allegheny constructed a sewer off Perrysville avenue. Three days after the completion of the sewer Charlotte S. King, the owner of abutting property, had confirmed by the city councils a plan of lots made by her which showed a new street or roadway twenty-five feet wide, the outer line of which ran along and was…
1Opinion of the Court
Opinion by
W D. Porter, J.,
The learned counsel representing appellant has in his argument candidly stated the real question involved in this case. The first point submitted by the defendant requested the learned judge of the court below to charge as follows: “ The property assessed, which fronts on a street marked Roadway in the city plan, is not liable to city assessment, as the street is upon a hill and lies between the property and Perrysville avenue.” This point was refused, the court adding this answer: “ At the time of the beginning and completion of the sewer, the defendant’s property…
2Cases cited7 opinions
- Morewood AvenueSupreme Court of Pennsylvania · 1893
- Park Avenue SewersSupreme Court of Pennsylvania · 1895
- Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
- Chatham StreetSuperior Court of Pennsylvania · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nether Providence Township Sewer District Assessment CaseSuperior Court of Pennsylvania · 1940
- Philadelphia v. SnedakerSuperior Court of Pennsylvania · 1918
- Lohr Estate, Pennsylvania Court of Common Pleas, Somerset County1977
- Shefts v. Security Title & Guaranty Co., Pennsylvania Court of Common Pleas, Bucks County1972