Lea v. Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: No. 52, to July Term 1874. This was a scire facias sur municipal claim, issued January 9th 1868 by the City of Philadelphia against M. Carey Lea. The claim was 'filed January 9th 1868 for $225 on a lot on the east side of Broad street at the corner of Montgomery street, Philadelphia. The claim was for water-pipe, which is charged for under the provisions of the Act of April 21st 1855, sect. 8, Pamph.
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Error to the Court of Common Pleas of Philadelphia: No. 52, to July Term 1874. This was a scire facias sur municipal claim, issued January 9th 1868 by the City of Philadelphia against M. Carey Lea. The claim was 'filed January 9th 1868 for $225 on a lot on the east side of Broad street at the corner of Montgomery street, Philadelphia. The claim was for water-pipe, which is charged for under the provisions of the Act of April 21st 1855, sect. 8, Pamph. L. 266. This section, amongst other things, provides that “the charges for culverts and pipes shall be at not exceeding the following rates per…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
The power to fix a charge for pipes laid in front of the property of the owners of lots on .the streets of the city, as conferred by the Act of 21st April 1855, not exceeding a certain limit, was a legislative assessment of the cost, as reasonable within this limit. From the very nature of the work the cost must consist of many items ; for example, taking up pavements and relaying them, excavation and refilling, the pipes themselves, their joining together, and other matters, which can be ascertained only by a fair estimate of the entire cost, and the…
3Cited by4 opinions
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Philadelphia v. TownsendSupreme Court of Pennsylvania · 1911
- Philadelphia v. CoatesSuperior Court of Pennsylvania · 1901
- Kilcullen v. WebsterSuperior Court of Pennsylvania · 1916