Ashcom v. Westmont Borough

Opinion by

Mr. Justice Simpson,

The Borough of Westmont appeals from so much of a decree of the court below as restrains it from collecting any part of the cost of constructing storm sewers, built in connection with and necessary for the proper paving and grading of three of its streets. The facts are tersely and fairly found by the chancellor, are approved by the court below, and, for the purposes of this appeal, both parties concede them to be true. We are of opinion that they compel a reversal of the decree.

A majority of the property owners on those streets, both in interest and number,…