City of Chester ex rel. Ross v. Eyre
Supreme Court of Pennsylvania
Appeal, No. 600, Jau. T., 1896, by-defendants, from judgment of C. P. Delaware Co,, June T., 1893, No. 87, overruling exceptions to referee’s report. Exceptions to referee’s report. The case was referred to W. R. Bliss, Esq., as referee, wbo reported the facts to be as follows: On September 22, 1891, the city of Chester adopted the following ordinance: “ Ordinance for the grading, curbing and paving of both sides of Eighth street, from Barclay street-to Concord avenue.
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Appeal, No. 600, Jau. T., 1896, by-defendants, from judgment of C. P. Delaware Co,, June T., 1893, No. 87, overruling exceptions to referee’s report. Exceptions to referee’s report. The case was referred to W. R. Bliss, Esq., as referee, wbo reported the facts to be as follows: On September 22, 1891, the city of Chester adopted the following ordinance: “ Ordinance for the grading, curbing and paving of both sides of Eighth street, from Barclay street-to Concord avenue. “ Section 1. The select and common council of the city of Chester do ordain, That the land owners on both sides of Eighth…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
When this case was here before, 167 Pa. 308, it was only upon the sufficiency of an affidavit -of defense in which it was alleged that the work was not done by the city nor in pursuance of its authority, but by the plaintiff Ross “ on his own motion and without the authority of the city to do so.” The sufficiency of that defense alone, was considered and, on that one point only, the judgment was reversed and the case sent back to be heard on its merits. On the hearing before the referee a large amount of testimony was taken on this very subject, and it was simply…
2Cases cited2 opinions
- Shiloh StreetSupreme Court of Pennsylvania · 1895
- City of Chester ex rel. Ross v. EyreSupreme Court of Pennsylvania · 1895
3Cited by8 opinions
- Pursiful v. City of HarlanCourt of Appeals of Kentucky (pre-1976) · 1928
- Williams v. KniskernMichigan Supreme Court · 1913
- Kittanning Borough v. ThompsonSupreme Court of Pennsylvania · 1905
- Philadelphia v. NockSuperior Court of Pennsylvania · 1899
- Philadelphia v. ConwaySupreme Court of Pennsylvania · 1917
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