Klingler v. Bickel

Citations

• 117 Pa. 326
• 11 A. 555
• 1887 Pa. LEXIS 267

Syllabus

<p>1. A borough ordinance, prohibiting the erection of wooden buildings within certain prescribed limits, enacted under the provisions of the act of June 3, 1885, P. L. 55, is not unconstitutional under the inhibitions of article III., section 7, of the constitution of Pennsylvania, or of article XIV., section 1, of the constitution of the U. S.</p> <p>2. Such an ordinance contained a section providing that any person violating its provisions should be compelled to remove the structure or pay the cost of removal with the addition of twenty per centum, and a penalty of fifty dollars for every day the structure should remain standing: Held, that the power of council was not limited to enforcing the payment of the fine imposed, and that the council by its officers and agents might demolish a wooden building in course of construction within the prescribed limits after notice that the said ordinance would be enforced, without liability on the part of the officers or agents effecting the removal to an action of trespass.</p> <p>3. Fields v. Stoldey, 99 Pa. 306, distinguished.</p>