City of Philadelphia v. Matchett

Citations

• 116 Pa. 103
• 8 A. 854
• 1887 Pa. LEXIS 367

Syllabus

<p>In 1873 the city of Philadelphia laid water pipe along the front of a lot owned by the German Hospital (though not then used for hospital purposes) and in 1874 filed a municipal claim therefor, which claim under an ordinance of Councils was the same year satisfied of record by the city solicitor. In 1879 the said hospital conveyed the lot, the title thereto becoming vested in 1885 in M., who erected a row of dwellings,</p> <p>Under an ordinance of Councils of January 29, 1855, providing that no permit for the use of water should be issued except upon the production by the applicant of evidence of the payment of the cost of laying the water pipe in front of the premises for which the use is desired, a permit to M. to introduce water from the pipe in front of his buildings was refused, without payment by him of the cost of laying said pipe.</p> <p>Held, that the city was estopped from alleging that the cost of laying the pipe had not been paid, .and that defendant was entitled to use the water without such payment.</p>