Fisher v. Harrisburg
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Dauphin county. This was an action of debt, originally brought by the plaintiff' below, before the chief burgess of the borough of Harrisburg, “ to recover the penalty for violating the fifth section of the ordinance of the borough of Harrisburg, passed March 1, 1851, in relation to the use of the public sewers in the borough of Harrisburg.”
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Error, to the Court of Common Pleas of Dauphin county. This was an action of debt, originally brought by the plaintiff' below, before the chief burgess of the borough of Harrisburg, “ to recover the penalty for violating the fifth section of the ordinance of the borough of Harrisburg, passed March 1, 1851, in relation to the use of the public sewers in the borough of Harrisburg.” June 7th, parties appeared before the chief burgess, and a hearing was had, when “ the chief burgess held the case over for consideration,” who on the 28th Juñe, of 1852, entered a judgment for the plaintiff “for the…
1Opinion of the Court
The opinion of the court was delivered July 24, 1854, by
Lowrie, J.
— This cause has been prepared with a degree of care and skill, that indicates the professional zeal of the counsel, rather than the magnitude of the cause and the importance of the principles involved in it. We have not, however, been convinced that there is any error in the ease.
A municipal corporation has power to make sewers, without any special authority given with that view, and having made them, it may, by general rules, independent of its general taxing power, regulate the use of them and the price at which any private…
2Cited by11 opinions
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Leeds v. City of RichmondIndiana Supreme Court · 1885
- City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
- Philadelphia v. BrabenderSuperior Court of Pennsylvania · 1901
- Bowers v. City of IndianapolisIndiana Supreme Court · 1907
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