Mt. Pleasant Bor. v. Balt. & O. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY. No. 102 October Term 1890, Sup. Ct.; court below, No. 1440 Mechanics’ Lien Docket, C. P. On March 1, 1890, the borough of Mt.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY. No. 102 October Term 1890, Sup. Ct.; court below, No. 1440 Mechanics’ Lien Docket, C. P. On March 1, 1890, the borough of Mt. Pleasant, filed a municipal claim for the cost of grading, paving and curbing a sidewalk, against a certain lot of ground, naming tbe Baltimore & Ohio Railroad Company as the “owner, or reputed owner, and occupier” thereof, and averring that the claimant was governed by the general borough act of April 3,1851, P. L. 320. The other averments of the claim, verified by affidavit made February 10,…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson:
The learned court below gave no reason for striking off the lien beyond this, that “ the depot and roadbed of a railroad company are not the subjects of a municipal lien.” The claim was for paving the footway in front of defendant’s lot. The latter was described as follows :
“ The said lot of land is situate in said borough on the south side of Main street, and extends along said street a distance of about 300 feet, and is more particularly bounded and described as follows, to wit: All that lot of ground situate in the borough of Mt. Pleasant, bounded and…
2Cases cited6 opinions
- Olive Cemetery Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- West Chester Gas Co. v. County of ChesterSupreme Court of Pennsylvania · 1858
- Wilkinsburg Bor. v. Home for Aged WomenSupreme Court of Pennsylvania · 1890
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- Pray v. Northern LibertiesSupreme Court of Pennsylvania · 1850
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- City of Barre v. Barre & Chelsea RailroadSupreme Court of Vermont · 1924
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