Legal Opinion

Borough v. Randall

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 52PublishedCited by 4 opinions

Appeal, No. 52, Oct. T., 1920, by plaintiff, from judgment of Superior Court, April T., 1919, No. 69, reversing judgment of C. P. Mercer Co., Jan. T., 1915, No. 431, discharging rule to strike off or reduce a municipal lien for paving, in case of Sharpsville Borough v. Ford Randall. Appeal from judgment of Superior Court. See 73 Pa. Superior Ct. 61. The opinion of the Supreme Court states the facts.

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Appeal, No. 52, Oct. T., 1920, by plaintiff, from judgment of Superior Court, April T., 1919, No. 69, reversing judgment of C. P. Mercer Co., Jan. T., 1915, No. 431, discharging rule to strike off or reduce a municipal lien for paving, in case of Sharpsville Borough v. Ford Randall. Appeal from judgment of Superior Court. See 73 Pa. Superior Ct. 61. The opinion of the Supreme Court states the facts. The Superior Court reversed the order of the lower court, reinstated the rule, and made it absolute. Plaintiff appealed. Error assigned was, inter alia, the judgment of the Superior Court, quoting…

1Opinion of the Court

Opinion by

Me. Justice Kephart,

The facts in this case are found in the opinion of the Superior Court, 73 Pa. Superior Ct. 61, and the only question that we are called upon to decide is whether defendant, an abutting property owner, is relieved from liability for original paving because a street railway company paid the municipality a portion of the cost thereof, as it was required to do under the condition it was subjected to on admission to the borough. It is the contention of appellee that this amount should be deducted from the entire cost, and the residue apportioned between the…

2Cases cited15 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. Scranton v. KoehlerSupreme Court of Pennsylvania · 1901
  4. Philadelphia v. EvansSupreme Court of Pennsylvania · 1891
  5. Ridge Ave. Pass. Ry. Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1889

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3Cited by4 opinions

  1. Stockdale Borough v. AstleSupreme Court of Pennsylvania · 1963
  2. Sherman Holding Realty Corp. v. McGannNew Jersey Superior Court Appellate Division · 1963
  3. Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925
  4. Sharpsville Borough v. Bailey, Pennsylvania Court of Common Pleas, Mercer County1922

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