Harrisburg v. Forster
Superior Court of Pennsylvania
Appeal, No. 5, March T., 1909, by-defendant, from judgment of C. P. Dauphin Co., June T., 1906, No. 515, on verdict for plaintiff in case of City of Harrisburg v. Benjamin L. Forster, Administrator d. b. n. c. t. a. of John Forster, deceased. Issue to determine liability of assessments for constructing a sewer.
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Appeal, No. 5, March T., 1909, by-defendant, from judgment of C. P. Dauphin Co., June T., 1906, No. 515, on verdict for plaintiff in case of City of Harrisburg v. Benjamin L. Forster, Administrator d. b. n. c. t. a. of John Forster, deceased. Issue to determine liability of assessments for constructing a sewer. Before Kunkel, P. J. Defendant presented the following points: 1. If the jury believe the testimony of M. B. Cowden, city engineer, the bottom of the sewer is so high above the ground of the defendant, and will not drain it, as it is, because of that fact, and will be of no advantage…
1Opinion of the Court
Opinion by
Morrison, J.,
In the summer of 1905, the city of Harrisburgh passed an ordinance under and by which a contractor constructed a sewer eighteen inches in diameter in the center of Cameron street, one of the public streets of the city. After the completion of the sewer, the city, in pursuance of the provisions of the Act of May 16,1891, P. L. 75, petitioned the court of common pleas of Dauphin county for the appointment of viewers to ascertain and report to the court the damages sustained and the benefits to the abutting landowners arising from the construction of the sewer. After the…
2Cases cited2 opinions
- Brackney v. Crafton BoroughSuperior Court of Pennsylvania · 1906
- Seventh Street SewerSuperior Court of Pennsylvania · 1908