Philadelphia v. Bilyeu
Superior Court of Pennsylvania
Appeal, No. 218, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1909, No. 422, on verdict for defendant in case of Philadelphia to use of Pennsylvania Asphalt Paving Company v. George A. Bilyeu. Scire facias sur municipal claim for paving. Before WlLTBANK, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 218, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1909, No. 422, on verdict for defendant in case of Philadelphia to use of Pennsylvania Asphalt Paving Company v. George A. Bilyeu. Scire facias sur municipal claim for paving. Before WlLTBANK, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [The question for you is not whether this property has been damaged to the extent of $406. That has nothing to do with the case. The question for you is whether this work, no matter how done, whether lawfully…
1Opinion of the Court
Opinion by
Rice, P. J.,
At the first trial of this case the court gave binding direction for the plaintiff, and, upon appeal, the judgment was reversed with a venire facias de novo: Philadelphia v. Bilyeu, 36 Pa. Superior Ct. 562. At the second trial the court instructed the jury that the question for them to determine was whether the pavement benefited the lot, and, if they found that it did not benefit it, it would be their duty to render a verdict for the defendant. The jury found for the defendant, and from the judgment on the verdict the plaintiff took this appeal.
*151As this was the first…
2Cases cited6 opinions
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- City of Pittsburgh v. MacConnellSupreme Court of Pennsylvania · 1889
- City of Harrisburg v. McCormickSupreme Court of Pennsylvania · 1889
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
- York City v. MillerSuperior Court of Pennsylvania · 1915
- Philadelphia v. SnedakerSuperior Court of Pennsylvania · 1918
- Lake Heritage Municipal Authority v. Cunningham, Pennsylvania Court of Common Pleas, Adams County1991
- New Holland Borough v. Ranck, Pennsylvania Court of Common Pleas, Lancaster County1924