Legal Opinion

Aswell v. City of Scranton

Supreme Court of Pennsylvania

Decided April 27, 1896No. Appeal, No. 167PublishedCited by 8 opinions

Appeal, No. 167, July T., 1895, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1893, No. 100, on verdict for plaintiff. Appeal from report of road jury. Before Mayer, P. L, of the £5th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 167, July T., 1895, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1893, No. 100, on verdict for plaintiff. Appeal from report of road jury. Before Mayer, P. L, of the £5th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court charged as follows: Fanny Aswell has instituted this proceeding as the owner of a lot situated on the corner of Tenth and Oxford streets, in this city. ' Upon this lot are erected two houses and a brick barn or stable. On the 17th of March, 1891, the city of Scranton passed an. ordinance…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The several assignments of error in this case are merely different methods of presenting the same general question. It is raised upon the following facts. The plaintiff is the owner of a lot at the intersection of Tenth and Oxford streets in the city of Scranton. It was at the bottom of a deep depression in the surface and was reached at some inconvenience and danger on account of the steepness of the descent, and the irregularity of surface of the streets by which it was reached. There were two dwellings and a stable upon the lot, and the plaintiff herself…

2Cases cited2 opinions

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  2. Setzler v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1884

3Cited by8 opinions

  1. Town of Galax v. WaughSupreme Court of Virginia · 1925
  2. Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
  3. Achenbach v. Slate Belt Telephone & Telegraph Co.Superior Court of Pennsylvania · 1920
  4. Greenawalt v. West Newton BoroughSuperior Court of Pennsylvania · 1916
  5. Sweeney v. City of ScrantonSuperior Court of Pennsylvania · 1920

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