Swissvale Borough v. Dickson
Superior Court of Pennsylvania
Appeal, No. 20, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 2452, on verdict for defendant in case of Swissvale Borough v. Thomas Dickson Heirs with Notice to Kobert E. Dickson et al. Scire facias sur municipal lien. At the trial the jury under instructions from the court rendered a verdict for defendants.
Read the full summary
Appeal, No. 20, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 2452, on verdict for defendant in case of Swissvale Borough v. Thomas Dickson Heirs with Notice to Kobert E. Dickson et al. Scire facias sur municipal lien. At the trial the jury under instructions from the court rendered a verdict for defendants. On a motion by plaintiff for judgment n. o. v., Cohen, J., filed an opinion as follows: “These two cases were by agreement of all parties tried together. The claims are identical and the defenses precisely similar. The court gave binding…
1Opinion of the Court
Opinion by
Henderson, J.,
This case had its origin in the adoption by the plaintiff borough of an ordinance, No. 282, dated January 23, 1905, locating, relocating, widening and extending an avenue to be known as Eauclaire avenue, from Monongahela avenue to Aurelius street, the name of which avenue was subsequently changed to Schoyer avenue. The lines of the avenue, as designated in the ordinance, included a private road forty feet in width, created by Thomas Dickson in a deed dated August 12, 1867, conveying a portion of his farm to William Collingwood, the right being given in that conveyance…
2Cases cited3 opinions
- Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
- Forbes StreetSupreme Court of Pennsylvania · 1872
3Cited by2 opinions
- Swissvale Borough v. DicksonSupreme Court of Pennsylvania · 1920
- Carlisle v. WelshSuperior Court of Pennsylvania · 1920