Butler E. & F. Co. v. Butler Borough
Supreme Court of Pennsylvania
Appeal, No. 146, Oct. T., 1912, by defendant, from order of O. P. Butler Co., March T., 1912, No. 13, quashing appeal from award in case of Butler Engine and Foundry Company v. Borough of Butler. Appeal from award of viewers. Before Galbreath, P. J. The Borough of Butler, by virtue of an ordinance duly enacted, graded, paved and curbed Lookout avenue, a public street of said borough, upon which street the property of the Butler Engine and Foundry Company abuts.
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Appeal, No. 146, Oct. T., 1912, by defendant, from order of O. P. Butler Co., March T., 1912, No. 13, quashing appeal from award in case of Butler Engine and Foundry Company v. Borough of Butler. Appeal from award of viewers. Before Galbreath, P. J. The Borough of Butler, by virtue of an ordinance duly enacted, graded, paved and curbed Lookout avenue, a public street of said borough, upon which street the property of the Butler Engine and Foundry Company abuts. After the completion of the improvement the Court of Common Pleas of Butler County appointed three viewers to assess the cost and…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Within the time prescribed by law, the Borough of Butler filed its appeal from the award of viewers appointed to assess the cost and expense of certain street improvements, and the damages and benefits upon the borough and the owners of abutting properties. The particular award appealed from in this case was that which gave to the Butler Engine and Foundry Company the sum of $2,500, special damages. The affidavit filed in support of the appeal averred nothing beyond the fact that the statement set out in the paper filed was correct and true, whereas the Act of…
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