O'Rourke v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 165, Jan. T., 1904, by plaintiff, from order of C. P. No. 3, Pbila. Co., Sept. T., 1899, No. 130, sustaining exceptions to report of referee in case of Michael O’Rourke v. City of Philadelphia. Assumpsit for work done on municipal improvements. Exceptions to report of Joseph W. Gross, Esq., referee. The opinion of the Supreme Court states the case. Errors assigned were in sustaining exceptions to report of referee.
1Opinion of the Court
Opinion by
Mb,. Justice Mestrezat,
The plaintiff by a contract in writing, dated April 24,1897, agreed “ to grade Grant street (cartway) from Academy Road to the New York Division of the Pennsylvania Railroad, the work of grading to include, without additional allowance or compensation, the construction of the necessary sewers and drains and two temporary wooden bridges over a branch of Poquessing creek; also remacadamizing and all other work incident to the grading in strict and exact accordance with the proposal and specifications hereto attached.” It was also stipulated that the contract was…
2Cases cited1 opinion
- Smart v. PhiladelphiaSupreme Court of Pennsylvania · 1903
3Cited by9 opinions
- Morgan v. JohnstownSupreme Court of Pennsylvania · 1931
- Harbold v. ReadingSupreme Court of Pennsylvania · 1946
- Cunningham v. DunlapSupreme Court of Pennsylvania · 1913
- Commonwealth v. BurnsSuperior Court of Pennsylvania · 1969
- Longstreth v. City of PhiladelphiaSupreme Court of Pennsylvania · 1914
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