Pottsville v. Jones
Superior Court of Pennsylvania
Appeal, No. 347, Oct. T., 1915, by plaintiff, from judgment of O. P. Schuylkill Co., May T., 1915, No. 392, on verdict for defendant in case of City of Pottsville v. Howard M. Jones. Scire facias sur municipal lien. Before Brumm, J. At the trial it appeared that the plaintiff claimed to recover from the defendant the sum of |20'2.24 for paving a street with wooden block pavement. The defendant claimed that the wood paving was not an original paving.
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Appeal, No. 347, Oct. T., 1915, by plaintiff, from judgment of O. P. Schuylkill Co., May T., 1915, No. 392, on verdict for defendant in case of City of Pottsville v. Howard M. Jones. Scire facias sur municipal lien. Before Brumm, J. At the trial it appeared that the plaintiff claimed to recover from the defendant the sum of |20'2.24 for paving a street with wooden block pavement. The defendant claimed that the wood paving was not an original paving. Defendant’s witness, George Eiler, being on the stand, the following offer and ruling occurred: Mr. Smith: We propose to prove by the witness…
1Opinion of the Court
Opinion by
Kephart, J.,
The first páving which exempts an abutting property owner from liability for any subsequent improvement, is one that is put down originally or adopted or acquiesced in subsequently by the municipal authority for the purpose, and with the intent of changing an ordinary road into a street: Philadelphia v. Eddleman, 169 Pa. 452. Two elements are necessary to evidence this fact: the character of the construction and the intention of the municipality to convert a common road into a permanently improved street. The controlling consideration, however, is affirmative municipal…
2Cases cited4 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Harrisburg v. FunkSupreme Court of Pennsylvania · 1901
3Cited by9 opinions
- Vendetti AppealSuperior Court of Pennsylvania · 1956
- Easton City v. HughesSuperior Court of Pennsylvania · 1917
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928
- Mt. Lebanon Township v. ScheckSuperior Court of Pennsylvania · 1946
- York City v. HoltzappleSuperior Court of Pennsylvania · 1917
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