Shiloh Street
Supreme Court of Pennsylvania
Appeal, No. 124, Oct. T., 1892, by James E. Wilson, et al., from decree of C. P. No. 2, of Allegheny Co., July T., 1891, No. 497, dismissing exceptions to report of viewers. .Petition of the city of Pittsburgh for the appointment of viewers to assess benefits for the grading and paving of Shiloh street. Viewers were appointed who assessed damages against appellants.
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Appeal, No. 124, Oct. T., 1892, by James E. Wilson, et al., from decree of C. P. No. 2, of Allegheny Co., July T., 1891, No. 497, dismissing exceptions to report of viewers. .Petition of the city of Pittsburgh for the appointment of viewers to assess benefits for the grading and paving of Shiloh street. Viewers were appointed who assessed damages against appellants. Appellants filed the following exception, among others, to the report: “ 6. Neither the city of Pittsburgh nor the viewers have ascertained and determined the true costs and expenses of making said improvements ; and the sum so…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case is ruled by the appeal of Travers et al., decided at the present term [the preceding case]. The report of the viewers was fatally defective on its face, and for the reason pointed out by the sixth exception made in the court below it should have been set' aside or re-committed.
It is true that the viewers state in the report “ we find the total damages, costs and expenses of the improvement to be twelve thousand six hundred thirty-five dollars and thirty-five cents ” but they proceed to state how this sum is made up. Part of it was for “ damages allowed…
2Cases cited1 opinion
- Bingaman v. City of PittsburghSupreme Court of Pennsylvania · 1892
3Cited by2 opinions
- Morewood AvenueSupreme Court of Pennsylvania · 1893
- Morewood AvenueSupreme Court of Pennsylvania · 1893