Verona Borough v. Allegheny Valley R. R.
Supreme Court of Pennsylvania
Appeal, No. 97, Oct. T., 1892, by defendant, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1888, No. 296, enjoining defendant from obstructing street. Bill in equity for injunction to restrain erection of building on alleged street.
Read the full summary
Appeal, No. 97, Oct. T., 1892, by defendant, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1888, No. 296, enjoining defendant from obstructing street. Bill in equity for injunction to restrain erection of building on alleged street. The bill alleged that the plaintiff is a municipal corporation, with power to locate and open public highways; that an avenue called Railroad avenue was duly located and opened on the east side of the right of way of the Allegheny Valley Railroad Company, of the width of fifty feet on each side thereof, in said borough, by ordinances duly passed by the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The most important question is whether there was a legal opening of West Railroad avenue. The borough council attempted to do this under the act of 1848, as is shown by the mode of proceeding adopted. But the ordinance of June 7, 1871, was not published, nor was the plan made as prescribed by the act. The notice required to be thus given to the pro* *375perty owners along the line of the proposed street was not given. It is argued that the substantial interest of the property owners is in the opening, not the location, and that notice of the former serves every…
2Cases cited2 opinions
- Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
- Appeal of the Borough of VeronaSupreme Court of Pennsylvania · 1885
3Cited by6 opinions
- Coffin v. Old Orchard Development Corp.Supreme Court of Pennsylvania · 1962
- Kniss v. Borough of DuquesneSupreme Court of Pennsylvania · 1917
- Peterson v. Marianna BoroughSupreme Court of Pennsylvania · 1933
- Pittenger v. Boro. of WilsonSuperior Court of Pennsylvania · 1930
- Babst v. PeritzLouisiana Court of Appeal · 1919
1 more not listed; retrieve them via the Exa API.