McKeesport v. Soles
Supreme Court of Pennsylvania
Appeal, No. 246, Oct. T., 1894, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 126, on verdict for plaintiff. Sci. fa. sur municipal lien. Before White, J. At the trial it appeared that a lien was filed against defendant’s property for grading, paving and curbing Fifth avenue for the sum of $10,394.31, the assessment being made according to the foot-front rule.
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Appeal, No. 246, Oct. T., 1894, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 126, on verdict for plaintiff. Sci. fa. sur municipal lien. Before White, J. At the trial it appeared that a lien was filed against defendant’s property for grading, paving and curbing Fifth avenue for the sum of $10,394.31, the assessment being made according to the foot-front rule. Evidence on behalf of defendant tended to show that the land lying back from the street was used only for farming purposes, and that a large portion of it was hilty, rough, uncleared, and inaccessible…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
Assessments on individual properties for public improvements can only be made to the extent of the local and special benefit received therefrom, and the system of assessment by the foot-front rule has only been sustained on the ground that in cities and large towns where population is dense and lots are small, it is a fairly approximate and just measure of such benefits: Washington Av., 69 Pa. 352, 361; Seely v. Pittsburg, 82 Pa. 360; Craig v. Philadelphia, 89 Pa. 265. In rural neighborhoods and other places such a rule is not applicable and cannot be…
2Cases cited4 opinions
- Washington AvenueSupreme Court of Pennsylvania · 1871
- Seely v. City of PittsburghSupreme Court of Pennsylvania · 1877
- Craig v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
- City of Scranton v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1884
3Cited by12 opinions
- LEH v. BURKESuperior Court of Pennsylvania · 1974
- City of McKeesport v. SolesSupreme Court of Pennsylvania · 1896
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
- Upper Gwynedd Township Authority v. RothCommonwealth Court of Pennsylvania · 1988
- City of Reading v. O'ReillySupreme Court of Pennsylvania · 1895
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