Erie's Appeal

Dissenting Opinion by

Mr. Justice Maxey:

The pavement laid by the realty company was not a municipal pavement. This court has never deviated from the proposition expressed in many cases that “the controlling consideration [in determining whether a pavement is a municipal pavement] is affirmative municipal intention”: Phila. v. Muller, 293 Pa. 360; Phila. v. Eddleman, 169 Pa. 452. The court below with entire correctness said on this point, “That the pavement was adopted as such by the city is more than doubtful. It was not adopted by resolution or ordinance of council and the language of the…