Carlisle Borough v. Long
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1911, by defendant, from judgment of C. P. Cumberland Co., May T., 1909, No. 119, on verdict for plaintiff in case of Carlisle Borough v. Oron Long and O. N. Long, individually and trading as Long & Company. Scire facias sur municipal lien. Before Sadler, P. J. At the trial it appeared that the action was brought to recover the cost of laying a sidewalk on Metzger street in the borough of Carlisle.
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Appeal, No. 15, March T., 1911, by defendant, from judgment of C. P. Cumberland Co., May T., 1909, No. 119, on verdict for plaintiff in case of Carlisle Borough v. Oron Long and O. N. Long, individually and trading as Long & Company. Scire facias sur municipal lien. Before Sadler, P. J. At the trial it appeared that the action was brought to recover the cost of laying a sidewalk on Metzger street in the borough of Carlisle. The court refused under objection and exception to permit the defendant to show that the street had not been laid out to the full width of sixty feet, and that the…
1DissentRice, P. J.
I assume it will not be questioned, that if a property owner be duly required and notified to lay a particular kind of sidewalk, the borough cannot enter a lien against his land for the cost of a different kind of sidewalk, and the additional penalty, without a new notice to him and a reasonable opportunity to comply with it: Pittsburg v. Biggert, 23 Pa. Superior Ct. 540; Shady Avenue, 34 Pa. Superior Ct. 327. As I view this case, the agreement between the borough and the defendant, as to the kind of sidewalk to be-laid, took the place of notice on the part of the borough to lay that kind.…
2Cases cited2 opinions
- Pittsburg v. BiggertSuperior Court of Pennsylvania · 1903
- Shady AvenueSupreme Court of Pennsylvania · 1907