City of Pittsburg ex rel. Flanagan v. Daly

Citations

• 5 Pa. Super. 528
• 1897 Pa. Super. LEXIS 282

Syllabus

<p>Municipal law — Lot owner’s liability for laying sidewalks — Police regulation.</p> <p>An ordinance requiring lot owners to lay sidewalks is a police regulation. A duty is imposed, the neglect of which creates a liability if it be so ordained, to the municipality for the cost it has been put to in doing that which the lot owner ought to have done. Such liability is not a tax or a municipal assessment in nature of a tax but a liability incurred for neglect to perform a duty imposed by the police power of the city.</p> <p>Municipal claim — Sidewalks—Act o/1891 not exclusive as to remedy.</p> <p>The provision for a lien in case of default of the lot owner in oases of putting down or repairing a sidewalk, provided by section 11 of the Act of May 16, 1891, P. L. 75 is not exclusive nor has it restricted the collection of such claims to the property in front of which the sidewalk is laid. In cases of default by the lot owner the municipality may collect the same by action of assumpsit.</p> <p>Constitutional law — Statutes—Sufficiency of title.</p> <p>The title of the Act of May 16, 1891, P. L. 69 is neither defective nor misleading so as to require the courts to declare it void. Everything which the nature of the subject of the title reasonably suggests, as necessary or appropriate for the accomplishment of its expressed purpose, is sufficiently indicated therein.</p> <p>Costs — Assumpsit to recover cost of pavement — Jurisdiction, C. P.</p> <p>A justice of the peace under the. Act of March 20, 1810, 5 Sm. L. 361, has jurisdiction of actions arising from contracts express or implied, but the cause of action arising from failure to obey a police regulation is not contractual, nor is it deducible from contract in its proper sense, hence it follows that sueh action being properly brought in the common pleas a. judgment in favor of the plaintiff carries costs.</p> <p>Practice, G. P. — Affidavit of defense — Sufficiency—Notice.</p> <p>An affidavit of defense is insufficient