Howell v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an amicable scire facias, entered by The City of Philadelphia to the use of Warthman & Barron, upon a claim filed for street paving, &c., against Zophar C. Howell, as the owner or reputed owner of a lot of ground fronting on York street, in the Nineteenth Ward of the city of Philadelphia.
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Error to the District Court of Philadelphia. This was an amicable scire facias, entered by The City of Philadelphia to the use of Warthman & Barron, upon a claim filed for street paving, &c., against Zophar C. Howell, as the owner or reputed owner of a lot of ground fronting on York street, in the Nineteenth Ward of the city of Philadelphia. The claim amounted to the sum of $358.78, which included a charge for resetting curb, for regulating and measuring the work, and for commissions on the collection. The date of the doing of the work was the 17th September 1858. The date of the filing of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— The principles of the ruling in the cases of the Board of Health v. The Church, 11 Harris 259, and Philadelphia v. The Railroad Co., 9 Casey 43, are a sufficient answer to the only error which was thought worthy of a printed argument. Considering that the contracts under which this paving and curbing were done expressly stipulated that the city should not be at any expense for the same, except for paving intersections, it seems strange that the market plat retained by the city, along the centre of York street, should be supposed to impose…
2Cited by8 opinions
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- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- City of York v. MillerSupreme Court of Pennsylvania · 1916
- Linden Steel Co. v. Imperial Ref. Co.Supreme Court of Pennsylvania · 1890
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