Hamilton Avenue

Citations

• 48 Pa. Super. 156
• 1911 Pa. Super. LEXIS 352

Syllabus

<p>Appeals — Assignments of error.</p> <p>1. On an appeal in a street case, a general assignment of error to the effect that the court erred in dismissing exceptions to the report of viewers, where there are a large number of exceptions, is irregular and cannot be considered.</p> <p>Road law — Ordinance—Title of ordinance — Benefits.</p> <p>2. An ordinance entitled “An ordinance authorizing the grading, paving and curbing,” of a street named, and providing that “The cost, damages and expenses of the same be assessed against and collected from property specially benefited in accordance with the provisions of the acts of assembly of the commonwealth of Pennsylvania relating thereto and regulating the same,” is sufficiently comprehensive in its title to give notice of an intention to impose assessments for benefits.</p> <p>3. When all the provisions of an ordinance are germane to one general subject which is clearly expressed in the title in a manner which does not tend to mislead, that is all tljat is required by the statute.</p> <p>Municipalities — Municipal contracts — Contract for paving — Advertising — Modification of contract — Ratification.</p> <p>' 4. A municipal corporation may ratify the unauthorized acts and contracts of its agents or officers, which are within the corporate power, and such ratification need not necessarily be by resolution or ordinance, but may be implied from the acceptance of the work and formal assertion in judicial proceedings of a claim founded upon it.</p> <p>5. Where an ordinance provides for the paving of a street without designating the kind of pavement, and the city officials enter into a contract to have it paved with a particular kind of stone, but subsequently without readvertising direct the contractor to use vitrified brick on a small portion of the street on a hillside, and agree' to pay him the increased cost of the brick over the stone, property owners who make no objection to the change at the time, cannot, after the work