Whitney v. City of Pittsburgh
Supreme Court of Pennsylvania
Appeal No. 46, Oct. T., 1892, by plaintiff, from decree of C. P. No. 3, Allegheny Go., Feb. T., 1892, No. 554, dismissing a bill in equity. Bill in equity by Greorge I. Whitney against the city of Pittsburgh and J. J. Booth and William F. Flinn, contractors. The main averments of the bill were similar to those in Donley v. Pittsburgh, supra. Other averments are stated in the opinion of the Supreme Court.
1Opinion of the Court
Pee Curiam,
The bill filed in this case is similar in many respects to the one in Donnelly’s Appeal, just decided. It includes, however,the contractors employed by the city, and has reference to the grading, paving and curbing of Centre avenue, from Soho street to' Highland avenue. It also avers that § 11 of the act of April 1, 1868, P. L. 567, required a petition of the owners of a majority in interest of property abutting on the street before such an improvement could be made in that territory, and that no suoh petition was obtained. It also avers that, under the acts just referred to, the…
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