Montgomery's Estate v. Pittsburg

Citations

• 29 Pa. Super. 312
• 1905 Pa. Super. LEXIS 324

Syllabus

<p>Road law — Paving—Grading—Ordinance—Deviation from line of street.</p> <p>A city passed an ordinance locating the center line of a street. Subsequently an abutting owner with others filed a petition for the grading of the street. In laying out and grading the street there was, in. one portion of it, a deviation of from two to ten feet from the line designated in the ordinance authorizing the opening of the street. In proceedings for damages for the grading the petitioning owner filed exceptions, setting up the deviation. While these proceedings were pending a majority of the owners petitioned for the paving of the street and a paving ordinance was passed. The city officials, however, hesitated to proceed because of the mistake in the grading, and thereupon several of the property owners signed an agreement waiving any objection they had by reason of the mistake. Subsequently the owner who had filed exceptions in the grading proceedings withdrew these exceptions, and the city thereupon proceeded to pave the street according to its graded lines. It did not clearly appear that any portion of the pavement was outside the lines of the street as originally ordained. Subsequently proceedings were instituted to assess damages for the paving. Held, that the owner who had withdrawn her exceptions to the grading proceedings, if not estopped from objecting to assessments for the paving because of the deviation, was not entitled to binding instructions that she was not liable for any portion of the assessment.</p>