Philadelphia v. Peter E. Costello & Sons, Inc.

Opinion by

Hirt, J.,

Since the 'Consolidation Act of February 2, 1854, P. L. 21, the City of Philadelphia by ordinance has paved many of its streets at the cost of owners of land fronting on the improvement. Now for the first time in forty-nine years it is contended that the Consolidation Act, insofar as it applies to procedure by ordinance in paving city streets (where as here the property owners have not petitioned for the improvement) was supplanted by the Act of May 22, 1895, P. L. 105. That act as amended April 25,1903, P. L. 301, 53 PS 651, provides that a copy of the ordinance, for the…