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PHILADELPHIA v. PHILLIPS

179 Pa.Super. 87 (1955)

Philadelphia, to use, Appellants, v. Phillips.

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Lester S. Hecht, for appellants.

Edward J. Hardiman and K.I. Schofield, with them Wesley H. Caldwell and Roper & Caldwell, for appellees.

Karl I. Schofield, Assistant City Solicitor, with him Jerome Shestak, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for City of Philadelphia, under Rule 46.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, and ERVIN, JJ. (ROSS, J., absent).

OPINION BY WOODSIDE, J., July 21, 1955:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County refusing to enter judgment for want of a sufficient affidavit of defense to a municipal claim. It involves the interpretation of a city ordinance.

The defendants own property abutting Upsal Street, Philadelphia. The street has a width of 52 feet. A middle strip of 33 feet of this street was paved by the city in 1943, and the cost of one...

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