Borough v. Mt. Tunnel Cemetery Co.

Per Curiam,

Defendant cemetery association owns property located in the Borough of Elizabethtown, Lancaster County, and appeals from refusal of its motion for judgment non obstante veredicto, following a directed verdict against it, for nonpayment of an assessment due plaintiff borough, for a proportionate part of the construction cost of a sanitary sewerage system duly authorized by ordinance and laid partly in a street bordering one side of the cemetery property.

Appellant states only one question is involved, namely, that it is not benefited by the sewer and accordingly not chargeable for…