Incorporation of Duquesne Borough
Incorporation of Duquesne Borough
Opinion of the Court
Opinion by
It is very evident from the clear and concise statement of facts in the opinion of the court below that the inhabitants of Duquesne village, numbering about four thousand and rapidly increasing, are greatly in need of a municipal government such as incorporation into a borough will afford them. It is also apparent from an examination of the record that there is no error, either in the decree of incorporation or in the proceedings leading thereto.
Two of the appellants, the Allegheny Bessemer Steel Co. and the Howard Plate Glass Co., severally own large pieces of land within the limits of the proposed borough, on which their respective plants are located; and each of them employs a
The objection that the courses and distances of the boundary line along the river are not given “in words at length ” is without merit. After commencing “ at low-water line on the Monongahela river, at the dividing line of lands of the Duquesne tube works and the Hays estate,” each of the several courses and distances on the landward side are accurately given. The last of these is: “ South, fourteen degrees twenty-three minutes west, six hundred and seventy feet, to low-water mark ” on said river. Then the natural river boundary line, than which there can be none better, is given thus: “ And thence by low-water line, and down said river, ten thousand two hundred and thirty-one feet, to the place of beginning.” This description so fastens the river front of the borough to low-water line that no question can ever arise as to its boundary on the river; and that is just as it should be.
What has been said is also applicable, in the main, to the other appellants, Mrs. Oliver and Mr. Patterson. They seek, however, to have their respective lands excluded from the boundaries of the proposed borough under the Act of April 1, 1863, P. L. 200, which provides that whenever the boundaries
Decree affirmed, and appeal dismissed at the costs of appellants. C.
Reference
- Full Case Name
- Incorporation of Duquesne Borough. Oliver's Appeal
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Incorporation of boroughs — Manufacturing plants — Act of April 3, 1851. In the incorporation of a borough, under the Act of April 3, 1851, P. L. 320, tracts of 44, 28 and 26 acres on which are located plants of manufacturing corporations, situated between the residence portion of the village and a river, and entirely cut off by the former from the township to which they belonged, are properly included within the corporate limits. Exclusion of farm lands — Act of April 1, 1863. Under the Act of April 1, 1868, P. L. 200, authorizing the exclusion from the limits of a proposed borough of lands, used solely for farming “ and not properly belonging to the town or village,” it must appear, in order that land so used may be excluded, that it does not properly belong to and constitute a part of the village or town. Description of boundaries — Rivers—Act of April 1, 1834. When a navigable river is one of the boundaries of a proposed borough, a description of the line along the river as extending “ thence by low water line, and down said river. . . . feet,” is a sufficient compliance with § 2, Act of April 1, 1834, P. L. 163, requiring that the petition exhibit the courses and distances in words at length.”'