McKeesport Boro. ex rel. McKeesport City v. Busch
Supreme Court of Pennsylvania
Appeal, No. 280, Oct. T., 1894, by defendants, from judgment cf C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 52, on a verdict for the plaintiffs. Scire facias sur municipal lien for grading and paving Cliff street in the city of McKeesport. Before Magee, J. The lien was as follows: “ Municipal claim for grading, curbing and paving Cliff street.
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Appeal, No. 280, Oct. T., 1894, by defendants, from judgment cf C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 52, on a verdict for the plaintiffs. Scire facias sur municipal lien for grading and paving Cliff street in the city of McKeesport. Before Magee, J. The lien was as follows: “ Municipal claim for grading, curbing and paving Cliff street. “ And now, Dec. 28,1891, the city of McKeesport, by Thomas McGraw, its street commissioner, filed this claim for the sum of $1,864.20, with interest from Oct. 30, 1891, against all that certain lot of ground situate in the Third ward of said borough,…
1Opinion of the Court
Opinion by
Mb,. Justice Green,
The learned court below instructed the jury that if “there never was, nor now legally is, a Cliff street ” this is a good defence, “ if it be established that the improvement made was not.of a public highway or street known and recognized as such and identified as Cliff street.” The petition and ordinance were for the improvement of Cliff street between Fifth avenue and Elm street, and it was not disputed that there was originally a township road between those points, on which the defendants’ property abutted; as to whether this was a part of Cliff street there…
2Cases cited2 opinions
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