Amberson Avenue

Citations

• 179 Pa. 634
• 36 A. 354
• 1897 Pa. LEXIS 703

Syllabus

<p>Road law — Paving sidewalk — Acts of May 16, 1891, April 18, 1857 and April 1, 1868.</p> <p>Under the remedial Act of May 16, 1891, P. L. 71, assessments may bo made for paving a sidewalk, although the property owner has been given no notice to do the work as provided by the Acts of April 18, 1857, P. L. 240, and April 1, 1868, sec. 17, P. L. 569.</p> <p>Road law — Irregularity in contract — Waiver.</p> <p>Where an irregular municipal contract is one which the city cor Id have authorized, the city may waive the irregularity.</p> <p>Road law — Regrading—Cost.</p> <p>Where a regrading of a street is necessary to prepare the surface for a pavement duly authorized by the municipality, and no part of the cost of regrading is included in the benefits assessed, the property owners have no standing in a proceeding to assess benefits to object to the regrading.</p> <p>Road law — Pavement—Cost—Evidence.</p> <p>Testimony as to the cost of the work must be directed to show the price at which it could have been done at the time the pavement was laid, and not the price charged at different times in other cities.</p> <p>Road law — Conclusiveness of viewers' findings of fact.</p> <p>The finding of road viewers on questions of fact, approved by the court below after a thorough examination, will not be disturbed by the Supreme Court, except for clear error.</p>