New Castle v. Pittsburgh, Youngstown & Ashtabula Ry. Co.
Superior Court of Pennsylvania
Appeal, No. 106, April T., 1919, by defendant, from judgment of C. P. Lawrence Co., March T., 1911, No. 40, for plaintiff, for want of a sufficient affidavit of defense in case of City of New Castle v. New Castle and Beaver Valley Railroad Company, and Pittsburgh, Youngstown and Ashtabula Railway Company. Rule for judgment for want of a sufficient affidavit of defense. Before Emery, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 106, April T., 1919, by defendant, from judgment of C. P. Lawrence Co., March T., 1911, No. 40, for plaintiff, for want of a sufficient affidavit of defense in case of City of New Castle v. New Castle and Beaver Valley Railroad Company, and Pittsburgh, Youngstown and Ashtabula Railway Company. Rule for judgment for want of a sufficient affidavit of defense. Before Emery, P. J. The facts are stated in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The City of New Castle by a proper ordinance directed the grading of Newell avenue along and in front of the abutting properties of the defendant railway company. *137After the street was graded viewers were appointed, a report made and finally confirmed, which assessed the land of the defendant described in the municipal claim, fronting 250 feet, more or less, on Newell avenue, and extending back therefrom 90 feet, more or less, being lot No. 29, on the map or plan annexed to the viewer’s report “for benefits, for the payment of the cost and expenses of said work and…
2Cases cited6 opinions
- Mt. Pleasant Bor. v. Balt. & O. R.Supreme Court of Pennsylvania · 1891
- Allegheny City v. West. Penna. R.Supreme Court of Pennsylvania · 1891
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- Western New York & Pennsylvania Railway Co. v. County of VenangoSuperior Court of Pennsylvania · 1897
- City of Philadelphia ex rel. McCann v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- A. D. Graham & Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1943
- Wabash Ry. Co. v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1933