Leake v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 197, Jan. T., 1895, by-defendant, from decree of C. P. No. 4, Phila. Co., March T., 1893, No. 831, on bill in equity. Bill in equity by 125 owners of property on Frankford avenue to restrain the city of Philadelphia from filing municipal claims against plaintiffs for the paving of said street, from issuing writs of scire facias thereon, and to prevent the collection of the cost of paving from the property owners along the line of the street.
Read the full summary
Appeal, No. 197, Jan. T., 1895, by-defendant, from decree of C. P. No. 4, Phila. Co., March T., 1893, No. 831, on bill in equity. Bill in equity by 125 owners of property on Frankford avenue to restrain the city of Philadelphia from filing municipal claims against plaintiffs for the paving of said street, from issuing writs of scire facias thereon, and to prevent the collection of the cost of paving from the property owners along the line of the street. The case was referred to Henry D. Paxson, Esq., as master. The master reported the facts as follows: What has long been known as the “…
1Opinion of the Court
Pbb Cubiam,
Although macadamizing is prima facie not a paving for a city street, yet it may be a paving if put down by the city in the first instance or adopted subsequently as a pavement for the purpose of turning a road into a street. This municipal act of adoption or recognition as a paved street is the test of the liability of an abutting property owner to pay for further repairs or repaving, as we have just held in Philadelphia v. Eddleman, 169 Pa. 452.
The special facts found by the master bring this case within the rule thus laid down. He reports that Frankford avenue was paved, and…
2Cases cited1 opinion
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Vendetti AppealSuperior Court of Pennsylvania · 1956
- HINAMAN v. VandergriftSuperior Court of Pennsylvania · 1962
- Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
- Philadelphia v. EdmondsSuperior Court of Pennsylvania · 1915
- Altman v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1956
1 more not listed; retrieve them via the Exa API.