17 Pa. Super. 296 | Pa. Super. Ct. | 1901
Opinion by
The councils of the city of Scranton, in the exercise of the discretion with which they were invested by the Act of May 23, 1889, P. L. 312, ordained that the cost of this lateral sewer should be assessed according to the foot-front rule. The act of assembly which authorized this assessment provides that “ the cost of lateral sewers shall be assessed upon the lots or lands through which such lateral sewers run, according to the valuation of such lots or lands as aforesaid, or in proportion to the benefits upon lands benefited, or by an equal assessment by the foot-front rule upon the lands along or through which such sewers run, as councils may determine.” Certain classes of property, such as public parks, are exempt from assessments of this character; but under the terms of the act, all properties ■\yhich are assessable are to be-assessed according to the same rule. When any of the lots which are the property of private owners are ,so situated that they will not receive any special benefit from the sewer, then it is incumbent upon the councils to consider that fact in determining the rule of assessment that shall be applied. When because of the difference in situation, extent, or means of access to other systems of drainage, the lots abutting upon the improvement cannot reasonably be assumed to be benefited according to frontage, that is a sound argument against the adoption of the foot-front rule. When the property through which the improvement runs is rural in character, so that it would be inequitable to make the assessment wholly dependent upon frontage,- the application of the rule cannot be sustained.
These considerations go to the validity of the application of the foot-front rule, but they do not change the manner in which the foot-front rule shall be enforced in those cases where it is sustainable. The affidavit of defense in this case does not deny liability upon the ground that some public property, exempt because of its character, has not been assessed, but it specifically
Appeal dismissed at cost of appellant without prejudice. .