City of Harrisburg v. McCormick
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP DAUPHIN COUNTY. No. 21 May Term 1888, Sup. Ct.; court below, No. 545 November Term 1886, C. P. On November 13, 1886, a writ of scire facias was issued by tbe city of Harrisburg upon a municipal claim, filed on July 15, 1885, for 1446.05, assessed for water pipe, under the foot-front rule, against an abutting lot belonging to the estate of James McCormick, deceased.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP DAUPHIN COUNTY. No. 21 May Term 1888, Sup. Ct.; court below, No. 545 November Term 1886, C. P. On November 13, 1886, a writ of scire facias was issued by tbe city of Harrisburg upon a municipal claim, filed on July 15, 1885, for 1446.05, assessed for water pipe, under the foot-front rule, against an abutting lot belonging to the estate of James McCormick, deceased. On January 14,1887, James McCormick, one of the trustees of the defendant estate, made and filed an affidavit of defence which averred: “ The lot of ground against which the…
1Opinion of the Court
Per, Curiam:
It may be that the foot-front rule is not the best that, might be devised for the assessment of street improvements in cities upon abutting property, but for the present it is the only one we have; and, while it has been held that it cannot be applied to farm lands, it has nowhere been decided that it is not applicable to city property. _It is -perhaps impossible to frame any general rule that would produce exact uniformity and do_ equal justice in all cases. This arises from the fact that a rule to be valid must be general, and the further conceded fact, that in. the application…
2Cases cited1 opinion
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
3Cited by12 opinions
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- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- Tripp v. City of YanktonSouth Dakota Supreme Court · 1898
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