City of Pittsburg ex rel. Flanagan v. Fay

Citations

• 8 Pa. Super. 269
• 1898 Pa. Super. LEXIS 57

Syllabus

<p>Municipal lien — Sidewalk paving — Notice—Act o/1891.</p> <p>Before a city can file a lien with the added penalties for laying a sidewalk the provisions of the act of May 16, 1891, must be complied with, one of which requires notice to be given to the owner of the property.</p> <p>Sidewalk paving — Assumpsit to recover by the city.</p> <p>A city being liable for injury resulting for defective sidewalks as a general rule, if the property owner neglects his duty to repair, the city may repair, and if the repair is done with actual knowledge of the owner and without his protest, the city may recover the actual cost of the pavement or repairs in an action of assumpsit.</p> <p>Sidewalks — Recovery for pavement by city — Ordinance in Pittsburg.</p> <p>In Pittsburg the method by which the city shall lay sidewalks being regulated by ordinance, this ordinance must be strictly conformed to and the written notice required thereby must be given as a condition precedent to recovery of the cost from the owner.</p> <p>The following written notice held sufficient to sustain a lien or recovery in assumpsit: “Patrick Pay’s estate, per Mrs. B. Pay. You are hereby notified to lay 5 ft. flagstone pavement in front of your lot on Hazlewood Ave.” Patrick Pay was dead and defendant owned the property in her own right. Held, that defendant was liable and it made no difference whether she knew or did not know that sidewalks were. being laid by the city.</p>