51 Pa. Super. 597 | Pa. Super. Ct. | 1912
Opinion by
The first improvement described in the case stated was the grading of Roosevelt avenue from its western terminus at the bridge to its then eastern terminus at Ridge avenue. As the property of the plaintiff abuts on the fine of the improvement, we are of opinion that it is liable for a pro rata share of the cost of the same (if it benefited to that extent), and, without having before us the entire proceeding instituted under the Act of March 14, 1907,. P. L. 15, we cannot say that the assessment of such share in that proceeding could not be sustained. But as to the second improvement, the case is different. This was the regrading of Roosevelt avenue from Sheridan avenue to River View avenue, the then eastern terminus of the street, and resetting curb on the same from Sheridan avenue to Ridge avenue. This improvement was made two years after the first improvement was completed and paid for by the borough; it was made under a different resolution and a different contract; and it included the part of the street from Ridge avenue to River View avenue which was not part of the street at the time the first improvement was made. The two improvements were not made under one ordinance, as in Tarentum Boro. v. Moorhead, 26 Pa. Superior Ct. 273, and there is no action of council referred to in the case stated which shows that the second improvement was contemplated by council at the time thé first was made. It certainly could not have been contemplated in its entirety, because at that time Roosevelt avenue had not been extended from Ridge avenue to River View avenue. The inevitable conclusion, from all the facts agreed upon, is, that these were two distinct and separate improvements, and were not merely parts of one entire improvement made at different times. The plaintiff’s property is at the corner of Roosevelt avenue and Meade avenue, more than 300 feet west of Sheridan avenue at the western terminus of the second improvement.
In Morewood Avenue, 159 Pa. 20, Justice Green, after an elaborate review of the authorities, announced the con
The judgment is modified by reducing the amount from $634.55 to $231.70, with interest from March 5,1908, and, as thus modified, is affirmed.