Winter Avenue
Superior Court of Pennsylvania
Appeal No. 59, April T., 1903, by J. W. Stritmater, from order of C. P. Lawrence Co., Dec. T., 1901, No. 18, discharging rule to set aside road proceedings in In re Opening of Winter Avenue. Rule to set aside proceedings in road case. Before Wallace, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule.
Read the full summary
Appeal No. 59, April T., 1903, by J. W. Stritmater, from order of C. P. Lawrence Co., Dec. T., 1901, No. 18, discharging rule to set aside road proceedings in In re Opening of Winter Avenue. Rule to set aside proceedings in road case. Before Wallace, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule. It is idle to bolster up an assessment that must be merely speculative and guesswork of the rankest kind, by any act of assembly which by its lauguage might seem to indicate that the assessment could be made and the viewers appointed before…
1Opinion of the Court
Opinion by
Rice, P. J.,
By an ordinance approved March 21, 1901, the city of New Castle located and established Winter avenue, from Highland avenue to Mercer street, of the width of fifty feet and fixed the grade thereof. By an ordinance approved July 24, 1901, the street between the points above named was “directed to be opened according to the location, width and grade as fixed and established by the ordinance ” above referred to, and it was further ordained, “ that the damages and benefits resulting therefrom be assessed as provided by Act of Assembly of May 16, 1891, P. L. 75.” In September…
2Cases cited7 opinions
- In re Road in Salem TownshipSupreme Court of Pennsylvania · 1883
- Estate of FrazierSuperior Court of Pennsylvania · 1898
- Crescent Township RoadSuperior Court of Pennsylvania · 1901
- Road in North Franklin TownshipSuperior Court of Pennsylvania · 1898
- Road in Adams TownshipSupreme Court of Pennsylvania · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Haller's CaseSuperior Court of Pennsylvania · 1910
- Griffin v. City of New CastleSuperior Court of Pennsylvania · 1926
- Old Tacony RoadSuperior Court of Pennsylvania · 1907
- Union Township RoadSuperior Court of Pennsylvania · 1905