McKnight v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 197. Scire facias sur municipal claim by the City of Pittsburgh against Robert McKnight and William M. Paxton, executors of Mrs. E. F. Denny, for grading and paving Ridge street, in the city of Pittsburgh.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 197. Scire facias sur municipal claim by the City of Pittsburgh against Robert McKnight and William M. Paxton, executors of Mrs. E. F. Denny, for grading and paving Ridge street, in the city of Pittsburgh. On the 25th of June 1874, an ordinance was passed directing the grading, paving and curbing of said street, according to the provisions of the Act of Assembly of January 6th 1864, Pamph. L. 1181, and its several supplements. On the 7th of December 1874, the councils of the city of…
1Opinion of the CourtJustice Gordon
It is not open to question but that the rule insisted upon by the counsel for the plaintiffs in error, that a-municipal corporation, in the grading and paving of its streets, must conform strictly .to the power conferred upon it by the legislature,, is correct. This question, however, is not involved in this case, for about the power of the city councils to order the grading and paving of the street, which is the subject of the present controversy, there is not the least doubt. By>the Act of January 6th 1864, they were empowered to grade or regrade, pave or repave or macadamize any street, *275lan…
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