Scranton v. Koehler
Superior Court of Pennsylvania
Appeal, No. 12, Jan. T., 1900, by plaintiff in a suit of City of Scranton against Henry T. Koehler, from judgment of C. P. Lackawanna Co., in favor of defendant on case stated. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Case stated.
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Appeal, No. 12, Jan. T., 1900, by plaintiff in a suit of City of Scranton against Henry T. Koehler, from judgment of C. P. Lackawanna Co., in favor of defendant on case stated. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Case stated. The facts appear from the case stated as follows: 1. The city of Scranton is a city of the third class and governed by that legislation applicable thereto since April 4,1877. 2. On the 2d day of August, 1896, the city of Scranton passed an ordinance providing for paving Mulberry street from Mifflin avenue to Prescott avenue. There is also attached a…
1DissentW. D. Porter, J.
That no assessment can be made, nor lien filed, by a municipal *20corporation to enforce the payment of municipal charges unless in the manner authorized by statute is well settled: Philadelphia v. Gratz, 38 Pa. 339; Mauch Chunk v. Shortz, 61 Pa. 399; McKeesport Borough v. Fidler, 147 Pa. 532. That the street in question in this proceeding was located within the built-up portion of the city of Scranton is not disputed. When it came to paving this street, therefore, the improvement might have been undertaken and the assessment of benefits made upon the abutting property under the provisions of…
2Cases cited16 opinions
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Park Avenue SewersSupreme Court of Pennsylvania · 1895
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Witman v. City of ReadingSupreme Court of Pennsylvania · 1895
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