Seely v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 300. This was a scire facias suivmunicipal claim brought by the city of Pittsburgh against C. B. Seely, in which the following case was stated for the opinion of the court:— “ That under the provisions of an Act of Assembly, entitled £ An Act to provide for the improvement of Penn avenue and other avenues and streets in the city of Pittsburgh,’ approved April 2d 1870, and…
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 300. This was a scire facias suivmunicipal claim brought by the city of Pittsburgh against C. B. Seely, in which the following case was stated for the opinion of the court:— “ That under the provisions of an Act of Assembly, entitled £ An Act to provide for the improvement of Penn avenue and other avenues and streets in the city of Pittsburgh,’ approved April 2d 1870, and the supplement thereto, approved March 20th 1872 (copies of which are hereto annexed and made part hereof), the owners of…
1Opinion of the CourtChief Justice Agnew
It is fortunate for the rights of the people when a case occurs causing the courts to pause and to retrace the boundaries of delegated power. Thus the stealthy steps of invasion may be detected and the power denied, ere it be too late and a precedent become fixed beyond judicial control. This is such a case. The attempt is to apply, here, the frontage rule of valuation of compact city lots to a rural population, and make farm property and town lots indiscriminately pay for an expensively paved city highway, under the name of a street, running far out into the country. The assumption is that…
2Cases cited1 opinion
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
3Cited by12 opinions
- Harlan v. Town of Bel AirCourt of Appeals of Maryland · 1940
- Manheim Township Supervisors v. WorkmanSupreme Court of Pennsylvania · 1944
- In re Vacation of Centre StreetSupreme Court of Pennsylvania · 1887
- McKeesport v. SolesSupreme Court of Pennsylvania · 1895
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
7 more not listed; retrieve them via the Exa API.