Legal Opinion

Philadelphia v. Meighan

Superior Court of Pennsylvania

Decided January 17, 1905No. Appeal, No. 135PublishedCited by 7 opinions

Appeal, No. 135, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1898, No. 1225, M. L. D., on case stated in suit of Philadelphia v. John Meighan. Case stated to determine liability for an assessment for the construction of a sewer.

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Appeal, No. 135, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1898, No. 1225, M. L. D., on case stated in suit of Philadelphia v. John Meighan. Case stated to determine liability for an assessment for the construction of a sewer. Yon Moschzisker, J., filed-the following opinion: The case stated here shows that a public sewer was laid in Kensington avenue, by authority of an ordinance of the- city councils, “ the cost thereof to be paid by assessment bills against the properties abutting on said street; ” that the- cost thereof, however, was in fact, paid…

1Opinion of the Court

Opinion by

Smith, J.,

A city ordinance approved May 12, 1866, “regulating the assessment upon property for the construction of sewers,” provided (sec. 2) that upon the completion of any sewer the expense of its construction should be assessed “against the several owners of ground fronting on the street in which said sewer may lie, in proportion to their respective fronts ; ” and section 3 made it a condition of contracts for the construction of such sewers “that the contractor shall accept assessment bills prepared under section 2 ” as so much cash paid on the contract. An ordinance approved…

2Cases cited4 opinions

  1. Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
  2. City of Harrisburg v. SegelbaumSupreme Court of Pennsylvania · 1892
  3. City of Erie v. RussellSupreme Court of Pennsylvania · 1892
  4. West Third Street SewerSupreme Court of Pennsylvania · 1898

3Cited by7 opinions

  1. Vendetti AppealSuperior Court of Pennsylvania · 1956
  2. Upper Moreland-Hatboro Joint Sewer Authority v. PearsonSuperior Court of Pennsylvania · 1959
  3. HINAMAN v. VandergriftSuperior Court of Pennsylvania · 1962
  4. Hartin v. Abington Township, Pennsylvania Court of Common Pleas, Montgomery County1960
  5. Hinaman v. VandergriftLycoming County Court of Quarter Sessions · 1958

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