Swissvale Borough v. Dickson
Supreme Court of Pennsylvania
Appeals, Nos. 125 and 126, Oct. T., 1920, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1918, Nos. 2504 and 2506, on verdicts for defendants, in cases of Swissvale Borough v. Thomas Dickson et al. and Swissvale Borough v. William Collingwood’s Estate, Safe Deposit & Trust Co., trustee and executor of William Collingwood, deceased, and William Collingwood’s heirs. Scire facias sur municipal liens.
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Appeals, Nos. 125 and 126, Oct. T., 1920, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1918, Nos. 2504 and 2506, on verdicts for defendants, in cases of Swissvale Borough v. Thomas Dickson et al. and Swissvale Borough v. William Collingwood’s Estate, Safe Deposit & Trust Co., trustee and executor of William Collingwood, deceased, and William Collingwood’s heirs. Scire facias sur municipal liens. Before Wasson, J. The opinion of the Supreme Court states the facts. The court gave binding instructions for defendants. Plaintiff appealed. Error assigned, among others, was above…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
These two appeals involve the same question, and it is agreed between the parties litigant that they be disposed of as one.
The Borough of Swissvale liened certain real estate of defendants, to recover for municipal improvements made in front thereof; when the cases came to trial, binding instructions were given against plaintiff, and it has appealed.
In an opinion sustaining the judgments, the court below states: “The fundamental question involved in all these cases was whether Schoyer avenue was a public street, as contended by plaintiff, or a mere private…
2Cases cited3 opinions
- State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
- Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
- Swissvale Borough v. DicksonSuperior Court of Pennsylvania · 1917
3Cited by4 opinions
- Havir's EstateSupreme Court of Pennsylvania · 1925
- Brolasky's EstateSupreme Court of Pennsylvania · 1930
- Rex v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1938
- Davidson v. DavidsonSupreme Court of Pennsylvania · 1929