Barnesboro Borough v. Speice
Superior Court of Pennsylvania
Appeal, No. 192, April T., 1909, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1908, No. 540, overruling demurrer to statement of claim in case of Barnesboro Borough V. Martha Speice. Assumpsit under the Act of April 4,1907, P. L. 40, to recover an assessment against property for road benefits. The court in an opinion by O’Connor, P. J., overruled demurrer to statement of claim. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff borough, upon petition of the requisite number of owners .of abutting property, graded, paved and curbed a street, under the provisions of the Act of April 23, 1889, P. L. 44, which authorizes an assessment upon abutting property under the foot front rule. The work was completed on November 26, 1906, and the borough engineer on January 3, 1907, made an assessment against the property of the defendant for the sum of $516. The statute under which the work was done did not authorize an assessment against the owner of the property personally, and the borough did…
2Cases cited18 opinions
- Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Taylor v. MitchellSupreme Court of Pennsylvania · 1868
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
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3Cited by23 opinions
- Krenzelak v. KrenzelakSupreme Court of Pennsylvania · 1983
- Smith v. FennerSupreme Court of Pennsylvania · 1960
- Costa v. LairSuperior Court of Pennsylvania · 1976
- Liberty Mutual Insurance v. Paper Manufacturing Co.District Court, E.D. Pennsylvania · 1990
- Philadelphia v. PhillipsSuperior Court of Pennsylvania · 1955
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