Harrisburg v. Cemetery Assn., Aplnt.

Opinion by

Mr. Justice Simpson,

The City of Harrisburg paved a street upon which defendant’s cemetery abuts, filed a municipal claim to recover a due proportion of the cost, and obtained a verdict and judgment. As, presumptively, the property is liable, and defendant’s appeal raises no point regarding the proofs or the amount of the judgment, we need only consider the three reasons urged as showing exemption from such liability. '

Defendant first relies on section 5 of the Act of June 4, 1901, P. L. 364, 366, as amended by the Act of May 28,1915, P. L. 599, 602. It is there stated that “All real…