Philadelphia v. Crew-Levick Co.

Opinion by

Mr. Justice Simpson,

On the trial of a sci. fa. sur municipal claim, filed to recover for the cost of paving Delaware Avenue in front of defendant’s property (situated at the southeast corner of the avenue and Mifflin Street, in the City of Philadelphia), there being no objection to the agreement between the city and the contractor, or touching the character of the work done under it, the trial judge charged the jury that if they should “conclude that the neighborhood in which defendant’s property is located [was] ripe for this character of development” at the time it was made, they…