City of McKeesport v. Soles
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. Term, 1892, No. 126, on verdict for plaintiff. Scire facias sur municipal lien for grading and paving a portion of Fifth avenue in the city of McKeesport. The case was previously reported in 165 Pa. 628. At the trial the case turned on whether the defendant’s property was urban or rural.
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Appeal, No. 51, Oct. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. Term, 1892, No. 126, on verdict for plaintiff. Scire facias sur municipal lien for grading and paving a portion of Fifth avenue in the city of McKeesport. The case was previously reported in 165 Pa. 628. At the trial the case turned on whether the defendant’s property was urban or rural. The court, White, J., charged in part as follows: [The principle of all these local assessments is that the properties are benefited by these local improvements, and therefore ought to pay for them, and that is a…
1Opinion of the Court
Pee. Cueiam,
This case appears to have been tried substantially on the lines indicated by this court when it was here last year: McKeesport v. Soles, 165 Pa. 628. We find nothing in the record that would justify us in sustaining either of the specifications of error; nor do we think they involve any question that requires discussion. As was well said by the learned trial judge, in his charge, “ It is very difficult to give a clear and satisfactory definition of what is to be considered rural property in contradistinction from city property, so as to exempt from liability to assessment for…
2Cases cited1 opinion
- McKeesport v. SolesSupreme Court of Pennsylvania · 1895
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