Carlisle Borough v. Long

Citations

• 47 Pa. Super. 628
• 1911 Pa. Super. LEXIS 216

Syllabus

<p>Road law — Sidewalk—Act of April 80, 1905, P. L. 885 — Material of sidewalk — Notice to pave — Agreement to pave.</p> <p>1. Where a borough notifies a property owner to construct a sidewalk in compliance with an ordinance passed under the provisions of the Act of April 20, 1905, P. L. 235, and it appears that the street in question had been an open traveled public highway before it became a street of the borough, the owner cannot justify a refusal to comply with the notice, because the lines of the street had not been staked on the ground, or because it had never been opened to its full width, or because the sidewalk which would eventually be laid on the opposite side of the street would not conform in grade with those on defendant’s side; nor in such a case can the owner refuse because no grade line had been given him by the borough, if it appears that there was no grading to be done, and that even if grading were necessary, the line could have been procured from the borough regulator.</p> <p>2. Where a borough ordinance provides that sidewalks may be made either of brick, concrete or asphalt block, a property owner who is notified to construct a sidewalk may select any one of the three kinds of pavement, if the borough authorities have not specified a particular one; but if he neglects to comply with the notice to pave, he cannot complain if the borough in constructing the pavement selects the most expensive of the three kinds of material mentioned in the ordinance.</p> <p>3. Where a property owner disputes an award of damages for opening a street as insufficient, and while the dispute is pending he is notified to construct a sidewalk, and thereafter he voluntarily enters into an agreement to accept a much larger sum as full settlement for his claim, and to construct a brick sidewalk within a time specified, and he accepts a part of the amount agreed upon, but neglects to construct the sidewalk, the borough may construct the sidewalk; and if the cost is greater