Legal Opinion

Wilson v. Allegheny City

Supreme Court of Pennsylvania

Decided October 11, 1875PublishedCited by 5 opinions

Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 103. This was a scire facias on a municipal claim issued by the city of Allegheny against James Wilson, to April Term 1874 of the court below. The claim was filed, March 13th 1874, for $900.90 against a lot beginning at the corner of the Perrysville road and a sixteen-foot alley, and along said road westerly 165 feet to lot of Simon Drum, &c.

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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 103. This was a scire facias on a municipal claim issued by the city of Allegheny against James Wilson, to April Term 1874 of the court below. The claim was filed, March 13th 1874, for $900.90 against a lot beginning at the corner of the Perrysville road and a sixteen-foot alley, and along said road westerly 165 feet to lot of Simon Drum, &c. The road referred to as the Perrysville road is the “ Allegheny and Perrysville Turnpike Road,” constructed under an Act of Assembly of February 27th…

1Opinion of the CourtChief Justice Agnew

The city of Allegheny claimed to recover against defendant below the cost of grading so much of the Allegheny and Perrys*276ville Plank-road as lies opposite to his lot. This plank-road was laid out under an act of incorporation, passed the 27th of February 1849, Pamph. L. 290, many years before the territory embracing the said lot was brought into the city of Allegheny. It was a toll-road laid out under the provisions of the Act of 26th of January 1849, regulating turnpike and plank-road companies; it was then .not a public street of the city of Allegheny; has it since become so by any law or…

2Cited by5 opinions

  1. City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
  2. Carrick v. CanevinSupreme Court of Pennsylvania · 1914
  3. Philadelphia v. KerchnerSuperior Court of Pennsylvania · 1916
  4. Providence & Abington Turnpike & Plank Road Co. v. City of ScrantonSupreme Court of Pennsylvania · 1896
  5. City of Lancaster v. Brown, Pennsylvania Court of Common Pleas, Lancaster County1928

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