Carlisle Borough v. Fladger

Opinion by

Baldrige, P. J.,

The Borough of Carlisle filed a municipal lien to recover the costs of constructing a sidewalk in front of the property of John Fladger, appellant herein. He, in an affidavit of defense to a sci. fa. issued thereunder, denied liability. The facts, upon which the court, sitting without a jury, upheld the validity of the lien, are not disputed.

In 1936 an application was made by the Pennsylvania Department of Highways to the Public Service Commission to remove a track of the Pennsylvania Railroad Company in the Borough of Carlisle, which traversed the entire length of…