18 Pa. Super. 182 | Pa. Super. Ct. | 1901
Opinion by
The learned counsel representing appellant has in his argument candidly stated the real question involved in this case. The first point submitted by the defendant requested the learned judge of the court below to charge as follows: “ The property assessed, which fronts on a street marked Roadway in the city plan, is not liable to city assessment, as the street is upon a hill and lies between the property and Perrysville avenue.” This point was refused, the court adding this answer: “ At the time of the beginning and completion of the sewer, the defendant’s property abutted on Perrysville avenue, the roadway not having been acknowledged by the city until after the
If the land of the defendant was liable to assessment, that liability arose from the performance of the work which resulted in a public improvement by which that land was benefited. The
The judgment is affirmed.