City of Erie v. Piece of Land Fronting on Eighteenth Street
Supreme Court of Pennsylvania
Appeal, No. 3, July T., 1895, by plaintiff, from judgment of C. P. Erie Co., September Term, 1891, No. 245, entering nonsuit. Scire facias sur municipal lien.
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Appeal, No. 3, July T., 1895, by plaintiff, from judgment of C. P. Erie Co., September Term, 1891, No. 245, entering nonsuit. Scire facias sur municipal lien. Before Gunnison, P. J. At the trial it appeared that in 1890 councils of the city of Erie were petitioned by a majority of the owners of property on Eighteenth street, between Peach and Liberty streets, to pave the street with a standard asphalt pavement, and thereafter an ordinance was duly passed which provided that the street should be paved from curb to curb with asphalt. Eighteenth street at that time, and since, was occupied by a…
1Opinion of the Court
Opinion by
Mit. Justice McCollum,
The plaintiff was nonsuited in the court below on the ground that the street was not paved in compliance with the ordinance enacted by the select and common councils of the city in March, 1890, nor in accordance with the contract entered into between the city and the use plaintiff on the 14th of May of that year. The ordinance and contract referred to called for the paving of Eighteenth street from Peach street to Liberty street “ with asphalt from curb to curb.” The street between these points was of the width of thirty-two feet and the center of it was…
2Cases cited3 opinions
- Western Pennsylvania Railway Co. v. City of AlleghenySupreme Court of Pennsylvania · 1879
- Morewood AvenueSupreme Court of Pennsylvania · 1893
- Scranton City v. BushSupreme Court of Pennsylvania · 1894
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- Borough v. RandallSupreme Court of Pennsylvania · 1920
- Wabash AvenueSuperior Court of Pennsylvania · 1904
- Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925