McGonigle v. City of Allegheny
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a scire facias sur municipal claim, in which The Commonwealth for the use of the Mayor, Aldermen, and Citizens of Allegheny were plaintiffs, and Mathias McG-onigle defendant, and in which the following case was stated for the opinion of the court in the nature of a special verdict:— It is admitted by the parties, that Union avenue is a permanent street, situated within the corporate limits of the city of Allegheny ;…
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Error to the District Court of Allegheny county. This was a scire facias sur municipal claim, in which The Commonwealth for the use of the Mayor, Aldermen, and Citizens of Allegheny were plaintiffs, and Mathias McG-onigle defendant, and in which the following case was stated for the opinion of the court in the nature of a special verdict:— It is admitted by the parties, that Union avenue is a permanent street, situated within the corporate limits of the city of Allegheny ; that on its east side it is bounded by the East Common, and on its west side by private property; that the right of…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The ease stated presents, with admirable singleness and clearness, the question that is up for judgment. The question is whether under the several Acts of Assembly relating to the subject, a lot-owner on Union avenue is liable for the costs and expenses of grading and paving the whole of said street in front of his lot, or only the half of its width, a public common lying on the opposite side of the street. Doubtless the Acts of Assembly were drawn with a view to streets that had private owners on both sides, and the difficulty consists in…
2Cited by7 opinions
- Arnold v. Mayor of KnoxvilleTennessee Supreme Court · 1905
- Scranton v. KoehlerSupreme Court of Pennsylvania · 1901
- Little v. Town of ConwaySupreme Court of South Carolina · 1933
- Borough of Aliquippa v. Pittsburgh & Lake Erie RailroadSuperior Court of Pennsylvania · 1928
- Levi v. Oakmont BoroughSuperior Court of Pennsylvania · 1910
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