Phila. v. T. B. Rice & Sons Co.

Opinion by

Mr. Justice Simpson,

The City of Philadelphia, to the use of its contractor, who had paved Delaware Avenue in front of defend*258ant’s property, issued a scire facias upon a municipal claim, filed to recover the cost of the paving; defendant raises no question regarding the contract between tbe city and contractor, or touching the character of the work done, but alleges that the paving wa's part of a comprehensive scheme for the improvement of the port of the city, that the benefit to defendant’s property, if any, was only incidental, not intended to be and in fact not taken into…