McManus v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1904, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1898, No. 545, sustaining exceptions to referee’s report in case of Michael McManus v. City of Philadelphia. Exceptions to report of George W. Harkins, Esq., referee. The facts are stated in the opinion of the Supreme Court. Errors assigned were in sustaining exceptions to report of referee and in staying the execution pending the equity suit.
1Opinion of the Court
Opinion bt
Mb. Justice Bbown,
There is no dispute about the facts in this case. They are distinctly found by the referee, and his findings were not disturbed by the court below.
In March, 1895, Walter B. Jones, who was then surveyor of the ninth survey district of the city of Philadelphia, in compliance with a request from the bureau of highways, made estimates, under a survey previously made by him, of the amount of fill and cut that would be required in grading Lincoln avenue to the established grade between Wayne and Green streets. By his survey, and his calculations and estimates based on…
2Cases cited1 opinion
- McManus v. PhiladelphiaSupreme Court of Pennsylvania · 1902
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- Acchione v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1958
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