Harrisburg v. Forster

Citations

• 39 Pa. Super. 238
• 1909 Pa. Super. LEXIS 469

Syllabus

<p>Municipalities — Sewers—Assessment of damages — Act of May 16,1891, P.L. 75.</p> <p>Under the Act of May 16,1891, P. L. 75, the only remedy of an owner who is assessed for benefits to pay the cost of the construction of a sewer exclusively, is to file exceptions to report of viewers. He is not entitled to an appeal. If, however, he takes an appeal, and subsequently with the consent of the municipality, and by leave of court an issue is framed between himself and the city, to try the single question of whether or not the owner’s property is benefited by the construction of the sewer, the court commits no error in confining the trial of the issue to the single question specified. If in such a case the jury finds that the owner’s property was benefited three times more than the assessment levied by the viewers, and the city files a remittitur for all of the verdict above the actual cost of the construction, the owner cannot object to a judgment entered for the latter amount.</p>