Legal Opinion

Bellefield Avenue

Superior Court of Pennsylvania

Decided July 16, 1896No. Appeals, Nos. 20, 21PublishedCited by 3 opinions

Appeals, Nos. 20, 21, April Term, 1896, by Rose White, William M. Granger and. J. P. Cappeau, from decree of C. P. No. 3, Allegheny Co., May T., 1892, No. 680, allowing damages and assessing benefits for the opening of Bellefield avenue in the city of Pittsburg. Report of jury of view awarding damages and assessing benefifs.

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Appeals, Nos. 20, 21, April Term, 1896, by Rose White, William M. Granger and. J. P. Cappeau, from decree of C. P. No. 3, Allegheny Co., May T., 1892, No. 680, allowing damages and assessing benefits for the opening of Bellefield avenue in the city of Pittsburg. Report of jury of view awarding damages and assessing benefifs. The facts are stated in the opinion of the Superior Court as follows: This proceeding was begun in the court of common pleas of Allegheny county by a petition on behalf of the city of Pitts-burg asking for the appointment of viewers to assess the damages and benefits…

1Opinion of the Court

Opinion by

Smith, J.,

(after stating the facts as set out in the above statement) :

The appellant contends that Mrs. Mary E. Schenley, the owner of the land taken for Bellefield avenue, had previously dedicated part of it to public use, and therefore she is not entitled to damages for that part. It is asserted on behalf of the appellant that in 1856 or 1857 Mrs. Schenley plotted a tract of land, thenpn Pitt township, one street of which as projected ran parallel with and covered part of Bellefield avenue, and that she conveyed lots according to this plot. But viewers who “ viewed the premises…

2Cases cited5 opinions

  1. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
  2. Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
  3. Forbes StreetSupreme Court of Pennsylvania · 1872
  4. Griffin's AppealSupreme Court of Pennsylvania · 1885
  5. Borough of Easton v. RinekSupreme Court of Pennsylvania · 1887

3Cited by3 opinions

  1. Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
  2. Felin v. PhiladelphiaSupreme Court of Pennsylvania · 1913
  3. Sayre Land Co. v. Borough of Sayre, Pennsylvania Court of Common Pleas, Bradford County1955

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