Legal Opinion

Borough of Verona v. Allegheny Valley Railway Co.

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 140PublishedCited by 1 opinion

Appeal, No. 140, Oct. T., 1897, by-defendant, from order of C. P. No. 1, Allegheny County, September T., 1896, No. 507, confirming report of viewers. Exceptions to report of viewers. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to report of viewers.

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Appeal, No. 140, Oct. T., 1897, by-defendant, from order of C. P. No. 1, Allegheny County, September T., 1896, No. 507, confirming report of viewers. Exceptions to report of viewers. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to report of viewers. The act of 1873 is merely supplementary to and does not repeal the provisions of the act of 1848: Verona Borough’s Appeal, 108 Pa. 83; Allegheny Valley R. R. v. Verona, 152 Pa. 368. If the two systems are not so radically different as to be fairly considered repugnant, so far as employing them…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The borough of Verona was incorporated by special act of the legislature, May 10, 1871; by this act the legislation regulating the municipal affairs of Birmingham borough, of the same county, was extended to Verona. One of the acts which thus became the law for the new borough, is that of April 8, 1848, the first section of which provides that when the borough authorities consider it necessary for the accommodation of the public, that a new street shall be opened, they shall have power to open the same, determine its location, plan and limits; that a plan thereof…

2Cases cited4 opinions

  1. Werner v. ZierfussSupreme Court of Pennsylvania · 1894
  2. Frederick StreetSupreme Court of Pennsylvania · 1892
  3. Beltzhoover Borough v. Heirs of BeltzhooverSupreme Court of Pennsylvania · 1896
  4. Appeal of the Borough of VeronaSupreme Court of Pennsylvania · 1885

3Cited by1 opinion

  1. Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893

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