Legal Opinion

Keller v. Scranton

Supreme Court of Pennsylvania

Decided July 17, 1901No. Appeal, No. 35PublishedCited by 53 opinions

Appeal, No. 35, Jan. T., 1901, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1901, No. 1, on bill in equity in case of Luther Keller v. City of Scranton, the Delaware, Lackawanna and Western Railroad Company and the Scranton Railway Company. Bill in equity for an injunction, to restrain the construction of a viaduct.

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Appeal, No. 35, Jan. T., 1901, by plaintiff, from decree of C. P. Lackawanna Co., Jan. T., 1901, No. 1, on bill in equity in case of Luther Keller v. City of Scranton, the Delaware, Lackawanna and Western Railroad Company and the Scranton Railway Company. Bill in equity for an injunction, to restrain the construction of a viaduct. From the record it appeared that the Scranton Railway Company and the Delaware, Lackawannaand Western Railroad Company on August 24, 1900, submitted a proposal to the city of Scranton to pay the cost of a viaduct to avoid a grade crossing, provided that the city…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The single question which needs discussion is whether a municipality, already in debt up to its constitutional limit of two per cent on the assessed valuation of its property, can without a vote of the electors, enter into a contract for the building of a viaduct without expense to itself, but which will make it liable for damages to the owners of abutting land. Or to reduce the question to a briefer and more general form, are unliquidated damages to landowners from a public improvement, a debt within section 8, article 9, of the constitution ?

The language of…

2Cases cited1 opinion

  1. Appeal of the City of ErieSupreme Court of Pennsylvania · 1879

3Cited by53 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Busser v. SnyderSupreme Court of Pennsylvania · 1924
  3. Kelley v. EarleSupreme Court of Pennsylvania · 1937
  4. United States v. AustinCourt of Appeals for the Tenth Circuit · 1972
  5. Hamilton's AppealSupreme Court of Pennsylvania · 1940

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