Harrisburg v. Funk
Supreme Court of Pennsylvania
Appeal, No. 9, May T., 1901, by defendant, from judgment of Superior Court, March T., 1900, No. 20, affirming judgment of C. P. Dauphin Co., Sept. T., 1894, No. 479, in case of City of Harrisburg v. Margaret M. Funk. Appeal from Superior Court. At the trial in the common pleas, it was objected that the asphalt pavement for which the assessment was made, was not an original paving.
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Appeal, No. 9, May T., 1901, by defendant, from judgment of Superior Court, March T., 1900, No. 20, affirming judgment of C. P. Dauphin Co., Sept. T., 1894, No. 479, in case of City of Harrisburg v. Margaret M. Funk. Appeal from Superior Court. At the trial in the common pleas, it was objected that the asphalt pavement for which the assessment was made, was not an original paving. Plaintiff presented these points : 1. The dumping and spreading of broken stone of various sizes upon portions of Sixth street in the immediate vicinity and in front of the property of defendant from time to time in…
1Opinion of the Court
Opinion by
Me. Justice Pottee,
The constitutional question involved in this case is identical with that in City of Harrisburg v. McPherran, in which an opinion has just been filed. An additional question here is, whether, under the undisputed testimony in this case, the trial court was justified in holding the evidence insufficient to submit to the jury as to any municipal recognition of a change from an ordinary road to a city street. This latter term must be understood in a legal sense, for, as a matter of fact, the highway in question was within the city limits, but the trial court held that…
2Cases cited3 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Philadelphia v. DibelerSupreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- Pottsville v. JonesSuperior Court of Pennsylvania · 1916
- Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928
- Chester City v. EvansSuperior Court of Pennsylvania · 1907
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