In re Ridge Street, Allegheny City

Decision Date01 January 1857
Citation29 Pa. 391
PartiesIn re Ridge Street, Allegheny City.
CourtPennsylvania Supreme Court

H. Hepburn, for petitioners.

The opinion of the court was delivered by WOODWARD, J.

Under the various Acts of Assembly relative to the charter powers of the City of Allegheny, the opening of new streets, lanes, and alleys, and the widening of any already laid out and opened, are duties of the city councils which differ very widely as to their mode of exercise, from the powers vested in the same councils to "grade, regrade, pave, repave, or macadamize any permanent street, lane or alley, or sidewalk, or any part thereof."

As to the first, they are "to direct and determine the location and limits of the street, lane, or alley, or the increase of width necessary in any case, and a plan or specification of such location or determination of width shall be made and deposited in the office of the recording regulator of the said city, for public examination and inspection, whereof notice shall be given in at least two newspapers published in said city; and any owner or owners of ground lying on the line of such street, lane, or alley, who shall consider that he, she, or they shall suffer damage from the opening or widening of the same, may apply, by petition, to the next Court of Quarter Sessions of the county of Allegheny, by whom such orders and appointments shall be made, and the same proceedings, in every respect, shall be had for the view, appraisement of damages, the report thereof and confirmation of the same, as are directed by the provisions of general road laws of this Commonwealth:" Sect. 10 of the Act of 16th June, 1836, P. L. 753, extended to City of Allegheny by Act of 13th April, 1840, sec. 12, P. L. 308. Now, here it will be observed, there is not a word about grading or paving. The plan of specification to be deposited in the regulator's office, is not required to exhibit the grade of the street, but only its location, limits, and width. If the reference to the general road law were to be considered as embracing anything more than the proceedings for damages, that would not imply a necessity for prefixing the grade, for although the 3d section of the Act of 13th June, 1836, Purdon 718, enjoins that whenever practicable viewers shall lay out roads at an elevation not exceeding five degrees, they are not required to make any return or record on the subject.

The appeal to the Quarter Sessions for damages is to be for the "opening or widening" of the street, lane, or alley, and it would seem that the opening or widening was to be considered as accomplished when councils had given notice in two newspapers of the filing of the specifications in the regulator's office.

Such are the provisions of law for that branch of the city's jurisdiction over streets. Now, in reference to grading and paving —

The 1st section of the Act of 5th April, 1849, P. L. 341, provides that the city councils shall have power by ordinance to grade and pave, repair or macadamize any pavement, street, lane, alley, or sidewalk, or any parts thereof, within the City of Allegheny, on the petition of not less than two-thirds of the number of owners of any lots, section, square or parts of a square of said city, bounding or abutting on such street, lane, alley, or sidewalk, so to be graded and paved or repaired, or macadamized, and shall have power to levy and...

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2 cases
  • City of Pontiac v. Carter
    • United States
    • Michigan Supreme Court
    • June 8, 1875
    ... ... been either paid for or given to the public at the time, or ... the street could not have been legally established. Being ... legally established, although the right or ... Bridge ... Company, 8 Watts & Serg. 85; O'Connor v ... Pittsburgh, 18 Pa. 187; In re Ridge St., 29 Pa ... 391; Benden ... [32 Mich. 167] ... v. Nashua, 17 N.H. 477; Sprague v ... ...
  • Spuck v. Logan
    • United States
    • Maryland Court of Appeals
    • April 2, 1903
    ... ...          Appeal ... from Circuit Court No. 2 of Baltimore City; Pere L. Wickes, ...          Action ... by David Logan and ... ...

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