Ayers v. City of New Castle
Superior Court of Pennsylvania
Appeal, No. 221, April T., 1899, by defendant, from judgment of C. P. Lawrence Co., June T., 1897, No. 38, on verdict for plaintiff. Opinion by W. W. Porter, J. Assumpsit.
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Appeal, No. 221, April T., 1899, by defendant, from judgment of C. P. Lawrence Co., June T., 1897, No. 38, on verdict for plaintiff. Opinion by W. W. Porter, J. Assumpsit. Before Wallace, P. J. It appears from the record and the evidence that this was an action brought to recover on a municipal contract for street grading and paving for extra work and damages performed and incurred by plaintiff by reason of the action of defendant in permitting by ordinance a street railway to lay its tracks on the avenue pending the prosecution by plaintiff of the work under the contract. The court refused…
1Opinion of the Court
Opinion by
William W. Poktbb, J.,
On May 12, 1896, the plaintiff entered into a contract with *563the defendant, a city of the third class, to furnish the materials and perform the work necessary in the grading, paving, and curbing of a part of Highland avenue in the said city according to the plans, specifications, conditions, notice to bidders, proposals, and ordinances, and street committee report, copies of which were attached to and formed a part of the contract.
The plaintiff was engaged in the work on August 1, 1896, when the councils of the city defendant passed an ordinance giving consent…
2Cases cited1 opinion
- City of Harrisburg v. SaylorSupreme Court of Pennsylvania · 1878
3Cited by5 opinions
- Commonwealth Ex Rel. v. JonesSupreme Court of Pennsylvania · 1925
- Waltman v. Albany Township School DistrictSuperior Court of Pennsylvania · 1916
- In Re: Appeal of Sykesville BoroughSuperior Court of Pennsylvania · 1927
- Costolo v. Sch. D. of Springhill Twp.Superior Court of Pennsylvania · 1930
- Hayes v. Ridley Township School District, Pennsylvania Court of Common Pleas, Delaware County1933