City of Erie v. Carey
Superior Court of Pennsylvania
Appeal, No. 82, April T., 1900, by plaintiff, from judgment of C. P. Erie Co., May T., 1899, No. 206, in favor of defendant, on case stated. Case stated. Before Lindsey, P. J., of the 37th judicial district, specially presiding.
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Appeal, No. 82, April T., 1900, by plaintiff, from judgment of C. P. Erie Co., May T., 1899, No. 206, in favor of defendant, on case stated. Case stated. Before Lindsey, P. J., of the 37th judicial district, specially presiding. It appears from the case stated that under the Act of May 9, 1871, P. L. 630, tire city of Erie had power to levy assessments for pavement at the expense of the owner or owners of property fronting thereon, and that said mayor and councils shall have power wholly or in part to exonerate any lot or property so fronting on or adjacent to any street wholly or in part so…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the case of Erie v. Griswold, 5 Pa. Superior Ct. 182, 184 Pa. 435, it appeared that the paving ordinance was approved, the contract let and the paving actually done before the ordinance of September 16, 1895, repealing the “ rebate ordinance ” of April 1,1880, was adopted. It appears in the present case that the ordinance to pave East Tenth street, between Parade street and East avenue, and the repealing ordinance above referred to, were approved on the same day. It should be noticed also that in the Griswold case the street was paved upon the petition of the property…
2Cases cited1 opinion
- City of Erie v. GriswoldSupreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Erie v. PaskettSuperior Court of Pennsylvania · 1900