Olyphant Sewage-Drainage Co. v. Olyphant Borough
Supreme Court of Pennsylvania
Appeal, No. 38, Jan. T., 1904, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1904, No. 38, dismissing exceptions to report of referee in case of Olyphant Sewage-Drainage Company v. Olyphant Borough. Petition for appointment of jury of view. Exceptions to report of R. L. Levy, Esq., referee. The referee reported in favor of the defendant on exceptions.
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Appeal, No. 38, Jan. T., 1904, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1904, No. 38, dismissing exceptions to report of referee in case of Olyphant Sewage-Drainage Company v. Olyphant Borough. Petition for appointment of jury of view. Exceptions to report of R. L. Levy, Esq., referee. The referee reported in favor of the defendant on exceptions. Newcomb, J., filed an opinion in which he stated the essential facts to be as follows : In August, 1900, the borough of Olyphant, under the power and authority conferred by the general borough act of April 3, 1851, P. L. 320 and the…
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
This proceeding is instituted under the Act of May 16, 1891, P. L. 75, which provides for the ascertainment of damages for property taken, injured or destroyed by a municipality in the construction of a sewage system therein. This act was intended to provide a complete system of remedy and course of proceedings for the ascertainment of damages and the assessment of benefits in all cases of street improvements, including the construction of sewers in the municipalities of the commonwealth, except where a different method was provided by local or special laws. In the…
2Cases cited1 opinion
- Carlisle Gas & Water Co. v. Carlisle Water Co.Supreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Hastings Water Co. v. Hastings BoroughSupreme Court of Pennsylvania · 1907
- Frackville Sewerage Co. v. JamesSchuylkill County Court of Quarter Sessions · 1936
- Pennsylvania Water Co. v. PittsburgSupreme Court of Pennsylvania · 1910