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OSBORNE v. PITTSBURGH (ET AL. (06/15/60)

June 15, 1960

OSBORNE
v.
PITTSBURGH (ET AL., APPELLANTS).



Appeals, Nos. 116 to 119, inclusive, April T., 1960, from judgment of Court of Common Pleas of Allegheny County, July T., 1955, No. 105, in case of Elizabeth Osborne et vir v. City of Pittsburgh et al. Judgment affirmed.

COUNSEL

Niles Anderson, Solicitor, with him Edmund W. Ridall, Jr., Assistant Solicitor, for School District of Pittsburgh, appellant.

John R. Bredin, and Pringle, Bredin & Martin, for County of Allegheny, appellant.

Joseph M. Tague, Assistant City Solicitor, with him David Stahl, City Solicitor, for City of Pittsburgh, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Gunther

[ 192 Pa. Super. Page 388]

OPINION BY GUNTHER, J.

Elizabeth Osborne fell on a sidewalk in Pittsburgh, Pennsylvania. She and her husband, John, brought suit against the City and the City joined Allegheny County and the School District of Pittsburgh as additional defendants.

The sidewalk, where the accident occurred, was adjacent to 1213 Warren Street - and the title to the property was in the City of Pittsburgh by virtue of a treasurer's sale.

The City of Pittsburgh conveyed the property (after the accident) to John F. Johnson, for the sum of $600.00 which was distributed among the City, County and School District in the following manner: the City's share was 58.1%; the School District's share was 30.94% and the County's portion was 10.96%. Notice of the sale was given to the County and the School District.

After a verdict was rendered against all three defendants the County and the School District filed motions for judgment n.o.v. on the ground that the City of Pittsburgh was solely liable by virtue of the fact that the legal title was in the City alone.

The acquisition of property by the treasurer's sale is one of the methods of recovering unpaid taxes. Section 15 of the Act, ...


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