Legal Opinion

Borough of Newville v. Leckey

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 6PublishedCited by 1 opinion

Appeal, No. 6, March T., 1918, by defendant, from judgment of C. P. Cumberland County, February Term, 1915, No. 82, on verdict for plaintiff in case of Newville Borough v. Rebecca Leckey. Assumpsit to recover the cost of building a sidewalk. Before Staples, P. J., specially presiding.

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Appeal, No. 6, March T., 1918, by defendant, from judgment of C. P. Cumberland County, February Term, 1915, No. 82, on verdict for plaintiff in case of Newville Borough v. Rebecca Leckey. Assumpsit to recover the cost of building a sidewalk. Before Staples, P. J., specially presiding. From the record it appeared that the plaintiff enacted an ordinance November 10, 1913, extending and opening High street in the said Borough of Newville, northwardly to the borough limits to a width of fifty feet and fixing the centre of said street extended. It also enacted a general paving ordinance on the 6th…

1Opinion of the Court

Opinion by

Porter, J.,

The Borough of Newville brought this action to recover of the defendant the cost of laying a sidewalk in front of her property, alleging that she had failed to construct the same after having duly received notice to do so. The question most earnestly contested at the trial in the court below was whether the defendant had received a written notice to lay the sidewalk. The court submitted that specific question to the jury which found that Jacob Koch, the high constable of the borough, had served a written notice upon the appellant to lay the sidewalk. The appellant here…

2Cases cited8 opinions

  1. Clark v. CommonwealthSupreme Court of Pennsylvania · 1858
  2. Coyle v. CommonwealthSupreme Court of Pennsylvania · 1883
  3. McKnight v. City of PittsburghSupreme Court of Pennsylvania · 1879
  4. Campbell v. CommonwealthSupreme Court of Pennsylvania · 1881
  5. Canton Borough v. WilliamsSuperior Court of Pennsylvania · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Borough of Adamstown v. HartmanSuperior Court of Pennsylvania · 1921

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