Union Paving Co. v. Philadelphia

Opinion by

Keller, P. J.,

This was an action in assumpsit brought by a contractor against the City of Philadelphia. It sought to impose on the city liability for certain assessment bills for street paving, issued against abutting property, which it had accepted in payment of the work and had been unable to collect from individual owners of property fronting on the improved street. The trial judge directed a verdict for the city, on the ground that the plaintiff’s failure to collect the assessment bills was due to its own initial, negligent conduct in.paving the street before any valid and…