Reading City v. Heilman
Superior Court of Pennsylvania
Appeal, No. 233, Oct. T., 1901, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1898, No. 98, non obstante veredicto in case of City of Reading v. John B. Heilman, Owner, etc., with notice. Scire facias sur municipal lien. At the trial it appeared that the plaintiff claimed to recover upon the lien filed for recurbing under a special ordinance.
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Appeal, No. 233, Oct. T., 1901, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1898, No. 98, non obstante veredicto in case of City of Reading v. John B. Heilman, Owner, etc., with notice. Scire facias sur municipal lien. At the trial it appeared that the plaintiff claimed to recover upon the lien filed for recurbing under a special ordinance. The defense was that the city had no power to compel a property owner to lay a new curb in accordance with new city regulations where the old curb was not in bad condition. The jury returned a verdict in favor of the plaintiff for $21.31. The…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The only question arising upon this record is the validity of the ordinance of the city of Reading under the provisions of which it is sought to impose a special charge upon the property of the defendant for furnishing and setting new granite curbstones in front of the same. The statutory authority of the city to pass ordinances of this character is to be found in the act providing for the government of cities of the third class, approved May 23, 1889, P. L. 277, article V., section 3, clause 11, which empowers cities of the third class to enact ordinances for the…
2Cases cited3 opinions
- Wistar v. PhiladelphiaSupreme Court of Pennsylvania · 1876
- City of Philadelphia ex rel. Johnson v. WistarSupreme Court of Pennsylvania · 1880
- Wistar v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886