Omega Street
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T., 1892, by M. A. Travers et al., from decree of C. P. No. 3, Allegheny Co., Nov. T., 1891, No. 330, dismissing exceptions to report of viewers. Petition for appointment of viewers to assess damages for paving and grading Omega street in the city of Pittsburgh. Viewers were appointed who assessed damages done to appellants. The following exceptions, inter alia, were filed to the report in court: “ 1. The assessments were illegal and void.”
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Appeal, No. 169, Oct. T., 1892, by M. A. Travers et al., from decree of C. P. No. 3, Allegheny Co., Nov. T., 1891, No. 330, dismissing exceptions to report of viewers. Petition for appointment of viewers to assess damages for paving and grading Omega street in the city of Pittsburgh. Viewers were appointed who assessed damages done to appellants. The following exceptions, inter alia, were filed to the report in court: “ 1. The assessments were illegal and void.” “ 5. The viewers wholly disregarded their duties in not inquiring, as is the fact, into the actual value, costs and expenses of the…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This.is a proceeding begun upon the petition of the city of Pittsburgh, for the assessment of benefits upon lot holders resulting from the improvement of Omega street. ■ The improvements had been made under an act of assembly that was unconstitutional. The contract entered into by the city with the parties who did the work was in several respects ultra vires. The contractors had to look to the city for what their work was reasonably worth, and the city was left without any means for enforcing contribution from those who had been benefited by the improvement. To…
2Cases cited1 opinion
- Bingaman v. City of PittsburghSupreme Court of Pennsylvania · 1892
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