187 Pa. 565 | Pa. | 1898
Opinion by
The only perceptible difference between City of Erie v. Russell, 148 Pa. 384, and the case at bar is that in the former the sewer was located and constructed by the municipality at the expense of the abutting property owners, while in the latter the sewer was located and constructed by the municipality at its own expense. In City of Erie v. Russell, the municipality having reconstructed the sewer, sought to charge the cost of reconstruction upon the properties abutting thereon. It was held that this was not admissible, and the reasons given for so holding were stated in the opinion filed in the case. The rule or principle established by the decision in Hammett v. Philadelphia, 65 Pa. 146, in regard to the repaving of a street, was applied to the reconstruction of a sewer properly characterized as a part or constituent of the general system of sewer
We have failed to discover any fact or circumstance in this case which, aside from the difference referred to in the first sentence of our opinion, distinguishes it from City of Erie v. Ilussell. But, as it is well settled by the decisions of this Court that the paving of a street by the municipality at its own expense as effectually relieves the abutting property owner from taxation for repaving as his payments of assessments for paving does, the difference is unimportant: Williamsport v. Beck, 128 Pa. 147, Greensburg v. Laird, 138 Pa. 533, Harrisburg v. Segelbaum, 151 Pa. 173, Boyer v. Reading, 151 Pa. 185, and Philadelphia v. Eddleman, 169 Pa. 452. We see no substantial ground for holding that, while the paving of a street by the municipality at its own expense relieves an abut
Judgment affirmed.