Legal Opinion

City of Philadelphia v. Bowman

Supreme Court of Pennsylvania

Decided April 13, 1896No. Appeal, No. 162PublishedCited by 5 opinions

Appeal, No. 162, July T., 1895, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1893, No. 172, M. L. D., on verdict for plaintiff. Scire facias sur municipal hen for paving. The facts appear by the opinion of the Supreme Court. The court directed a verdict for plaintiff reserving the following question: Whether under the several acts of assembly and city ordinances offered in evidence, the defendant is liable. Verdict and judgment for plaintiff.

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Appeal, No. 162, July T., 1895, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1893, No. 172, M. L. D., on verdict for plaintiff. Scire facias sur municipal hen for paving. The facts appear by the opinion of the Supreme Court. The court directed a verdict for plaintiff reserving the following question: Whether under the several acts of assembly and city ordinances offered in evidence, the defendant is liable. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in'entering judgment for plaintiff on point reserved.

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This is a claim for the paving of Kensington avenne in front of appellant’s property, and the only question is whether or not he has been relieved by law from the obligation to pay for that improvement. The street is occupied partly by the Frankford & Southwark Passenger Railway Company (formerly the Philadelphia & Delaware River Railroad Company) under its charter by special act (April 4, 1854, P. L. 759) which did not require the consent of the city of Philadelphia. By a supplement however of 1857 (act of June 9,1857, P. L. 802) the company was authorized to…

2Cases cited3 opinions

  1. Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
  2. Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1894
  3. Philadelphia v. EvansSupreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Houston v. LLOYD'S CONSUMER ACCEPTANCE CORPORATIONCourt of Appeals of Maryland · 1965
  2. Lutes v. Fayette Home Telephone Co.Court of Appeals of Kentucky · 1913
  3. Philadelphia v. Crew-Levick Co.Supreme Court of Pennsylvania · 1923
  4. Borough of Sharpsville v. RandallSuperior Court of Pennsylvania · 1919
  5. Borough v. RandallSupreme Court of Pennsylvania · 1920

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