City of Williamsport v. Beck
Pennsylvania Court of Common Pleas, Lycoming County
No. 325 January Term 1888, Sup. Ct.; court below, No. 341 March Term 1886, C. P. On February 13, 1886, a scire facias was issued sur a municipal claim filed in favor of the city of Williamsport against certain premises owned by John B. Beck. The defendant pleaded, non-assumpsit, payment with leave, etc.
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No. 325 January Term 1888, Sup. Ct.; court below, No. 341 March Term 1886, C. P. On February 13, 1886, a scire facias was issued sur a municipal claim filed in favor of the city of Williamsport against certain premises owned by John B. Beck. The defendant pleaded, non-assumpsit, payment with leave, etc. At the trial on January 24,1888, it was made to appear that the plaintiff was incorporated as a city by the act of January 15,1866, P. L. 1231; that in the year 1868 a portion of West ■Fourth street, abutting the property now of the defendant, was graded and a wooden pavement put down thereon,…
1Opinion of the Court
Opinion,
Mb. Justice Steebett :
The main question in this case is, whether the cost of repaving a public street or thoroughfare can be legally charged against the property fronting thereon.
This is neither a new nor an open question. It has long since been definitely settled that, as a general rule, it cannot be done. In several cases, among which is McMasters v. Commonwealth, 3 W. 292, the constitutional authority of the legislature to confer upon municipal corporations the power of assessing the cost of local improvements upon the properties specially benefited thereby, was recognized as a…
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