West Third Street Sewer
Supreme Court of Pennsylvania
Appeal, No. 179, Jan. T., 1897, by city of Williamsport, from order of C. P. Lycoming Co., June T., 1896, No. 39, sustaining exceptions to report of viewers. Exceptions to report of viewers. Before Metzger, P. J. From the record it appeared that in 1869 the city of Williamsport constructed a brick main sewer about four feet in diameter in West Third street. The cost of the sewer was paid for entirely out of the general revenues of the city.
Read the full summary
Appeal, No. 179, Jan. T., 1897, by city of Williamsport, from order of C. P. Lycoming Co., June T., 1896, No. 39, sustaining exceptions to report of viewers. Exceptions to report of viewers. Before Metzger, P. J. From the record it appeared that in 1869 the city of Williamsport constructed a brick main sewer about four feet in diameter in West Third street. The cost of the sewer was paid for entirely out of the general revenues of the city. In the flood of May, 1894, the sewer caved in at several points, and it was necessary entirely to reconstruct it. On March 6, 1896, viewers were…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The only perceptible difference between City of Erie v. Russell, 148 Pa. 384, and the case at bar is that in the former the sewer was located and constructed by the municipality at the expense of the abutting property owners, while in the latter the sewer was located and constructed by the municipality at its own expense. In City of Erie v. Russell, the municipality having reconstructed the sewer, sought to charge the cost of reconstruction upon the properties abutting thereon. It was held that this was not admissible, and the reasons given for so holding were…
2Cases cited6 opinions
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- City of Williamsport v. Beck, Pennsylvania Court of Common Pleas, Lycoming County1889
- City of Erie v. RussellSupreme Court of Pennsylvania · 1892
- Borough of Greensburg v. LairdSupreme Court of Pennsylvania · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Appeal of Boeing Co.Supreme Court of Kansas · 1997
- Philadelphia v. MeighanSuperior Court of Pennsylvania · 1905
- Wilkins, Drainage Com'r v. Hillman Com'rs.Supreme Court of Oklahoma · 1914
- Board of Com'rs of Lincoln County v. RoarkSupreme Court of Oklahoma · 1930