Erie v. Brady

Citations

• 150 Pa. 462
• 24 A. 641
• 1892 Pa. LEXIS 1344

Syllabus

<p>Municipalities—Paving—Items—Ordinance—Act, 1876.</p> <p>Uuder tbe Act of May 1, 1876, P. L. 94, providing that councils of cities other than those of the first class shall not pass ordinances authorizing grading or paving of streets before the city engineer has made “ an estimate of the cost, particularly stating the items and the cost of each,” a statement giving the contractor’s lump price for the finished pavement, distributing the cost of work and materials in one sum over the surface of the finished roadway at a fixed price per foot, is not sufficient, and the ordinance authorizing such improvement is void.</p> <p>Repealing statute—Retroactive—Act of May 27, 1889.</p> <p>The Act of May 27, 1889, repealing the Act of 1876, will not have the effect of validating such void ordinance under the Act of 1876, or of permitting a recovery of the claim for paving.</p>