City of York v. Miller
Supreme Court of Pennsylvania
Appeal, No. 377, Jan. T., 1915, by plaintiff, from judgment of Superior Court, March Term, 1915, No. 6, reversing judgment of plaintiff, C. P. York County, Jan. T., 1912, No. 125, in case of the City of York, to use of A. B. Kraft, v. Charles E. Miller. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court, and in York City, to use, v. Miller, 60 Pa.
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Appeal, No. 377, Jan. T., 1915, by plaintiff, from judgment of Superior Court, March Term, 1915, No. 6, reversing judgment of plaintiff, C. P. York County, Jan. T., 1912, No. 125, in case of the City of York, to use of A. B. Kraft, v. Charles E. Miller. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court, and in York City, to use, v. Miller, 60 Pa. Superior Ct. 407. The Superior Court reversed the judgment of the lower court and granted a venire facias de novo. Plaintiff appealed. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
In December, 1911, the City of York, to the use of A. B. Kraft, entered a municipal claim for paving a sidewalk in front of property owned by the defendant; a scire facias issued and an affidavit of defense was filed; trial was had, and the verdict favored the use-plaintiff!; from a judgment in accordance therewith the defendant appealed to the Superior Court, which tribunal awarded a new trial; on petition of the plaintiff, we allowed the present appeal.
The right to recover was questioned in the Common Pleas on the ground that the use-plaintiff had failed to…
2Cases cited8 opinions
- Flegal v. HooverSupreme Court of Pennsylvania · 1893
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Lybrandt v. EberlySupreme Court of Pennsylvania · 1860
- Allentown v. AckermanSuperior Court of Pennsylvania · 1908
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3Cited by10 opinions
- Borough of Huntingdon v. DorrisSuperior Court of Pennsylvania · 1922
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- Township of Mt. Lebanon v. RobinsonSuperior Court of Pennsylvania · 1924
- Moss & Blakeley Plumbing Co. v. SchauerSuperior Court of Pennsylvania · 1942
- Philadelphia ex rel. DePaul & Son v. Magnolia Cemetery Co.Superior Court of Pennsylvania · 1972
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