Scranton City v. Barnes
Supreme Court of Pennsylvania
Appeal, No. 23, Jan. T., 1892, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1888, No. 872, entering compulsory nonsuit in favor of Julia F. Barnes. Assumpsit to recover balance of assessment for cost of a sewer. At the trial before Gunstek, J., it appeared that under the act of May 23, 1874, the city of Scranton laid out a sewer district, and proceeded to construct therein a main sewer. Defendant was assessed $105 on her property in the district.
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Appeal, No. 23, Jan. T., 1892, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1888, No. 872, entering compulsory nonsuit in favor of Julia F. Barnes. Assumpsit to recover balance of assessment for cost of a sewer. At the trial before Gunstek, J., it appeared that under the act of May 23, 1874, the city of Scranton laid out a sewer district, and proceeded to construct therein a main sewer. Defendant was assessed $105 on her property in the district. One half of this she paid, the balance being the amount for which suit was brought. The plaintiff offered in evidence the record of…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
The. subject of complaint in each of the first five specifications of error is the rejection of the respective offers of evidence therein recited.
There was no error in refusing either of these offers, for the reason that the proceedings leading up to the alleged assessment, for the recovery of which this suit was brought, were incurably defective in their very inception. The ,47th section of the act of May 23, 1874, P. L. 259, after providing that any city of the third class may divide the same into sewer districts, and direct the city engineer to make an…
2Cases cited1 opinion
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
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- Medary v. CathersSupreme Court of Pennsylvania · 1894
- Kassab v. SoyaSupreme Court of Pennsylvania · 1968
- Watterson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917