Phila. v. Thomas's Heirs
Supreme Court of Pennsylvania
Appeal, No. 451, Jan. T., 1892, by plaintiff, from the judgment of C. P. No. 3, Phila. Co., No. 27, M. L. D., March T., 1890, in favor of defendants, Thomas’s heirs. Municipal claim for construction of sewer. At the trial before Gordon, J., the issue as framed by agreement was : “Was the -city entitled, at the time the fund was paid into court, to recover of the premises liened the amount of the said claim ? ” The facts appear by the opinion.
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Appeal, No. 451, Jan. T., 1892, by plaintiff, from the judgment of C. P. No. 3, Phila. Co., No. 27, M. L. D., March T., 1890, in favor of defendants, Thomas’s heirs. Municipal claim for construction of sewer. At the trial before Gordon, J., the issue as framed by agreement was : “Was the -city entitled, at the time the fund was paid into court, to recover of the premises liened the amount of the said claim ? ” The facts appear by the opinion. Plaintiff’s offer to prove that the land was not rural was refused. [1] Binding instructions for defendant were given. [2] Errors assigned were (1)…
1Opinion of the Court
Opinion by
Mb.. Justice Stebbett,
The learned judge of the common pleas rejected plaintiff’s offer of evidence and directed the jury to find for defendants, because, as he held, Reed street in which the sewer was constructed had not been previously opened “ so as to charge adjoining owners with the burden of municipal improvements.” What he must have meant by this, as appears from his charge, was a physical opening of the street by grading and paving, or otherwise improving the natural surface so as to better adapt it to the public use. After referring to the natural surface of the land within…
2Cases cited3 opinions
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Commonwealth v. NancredeSupreme Court of Pennsylvania · 1859
- Waln's Heirs v. City of Philadelphia ex rel. ArmstrongSupreme Court of Pennsylvania · 1882
3Cited by13 opinions
- Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
- Savannah Beach v. DraneSupreme Court of Georgia · 1949
- Tri City Broadcasting Co. v. HowellSupreme Court of Pennsylvania · 1968
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939
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