Borough v. Keeler

Citations

• 213 Pa. 518
• 62 A. 1071
• 1906 Pa. LEXIS 520

Syllabus

<p>Road law — Grading—Widening of street — Set-off.</p> <p>On the trial of an appeal from a report of viewers assessing benefits for the grading and paving of a street, the landowner cannot set off a claim for damages caused by the widening of the street, when the widening was by ordinance passed nine months after the contract for grading had been awarded, and there were separate proceedings before another set of viewers assessing the cost of the widening.</p> <p>Road law — Grading and paving — Notice—Act of May 16, 1891, sec. 10, P. L. 75.</p> <p>The failure to give the notice provided for by sec. 10, of the Act of May 16, 1891, P. L. 75, within ten days of the passage of a borough ordinance for the grading and paving of a street, is not in itself fatal to the borough’s claim for assessments for the cost of the improvement.</p>