Murdoch v. Pittsburg

Citations

• 223 Pa. 280
• 72 A. 701
• 1909 Pa. LEXIS 522

Syllabus

<p>. Road law — Appeal from jury of view — Costs and expenses, of improvement — Acts of May 16, 1891, P. L. 75, and April 2, 1903,.P. L. 124— Constitutional law — Taxation.</p> <p>1. The Act of April 2, 1903, P. L. 124, sec. 2, amending sec. 6 of the Act of May 16, 1891, P. L. 75, does not confer the right of appeal to the common pleas from assessment by viewers to pay the costs and expenses of grading, paving and curbing a street, if no claim is made for damages.</p> <p>2. The Act of April 2, 1903, P. L. 124, making the finding of a jury of view conclusive where the assessment is for costs and expenses only, is constitutional.</p> <p>3. Assessments for the construction of sewers and original grading and paving of streets, etc., have always been regarded as a species of taxation which, within well-defined limits, is constitutional and proper, without provision for such appeal from the action of those intrusted with the duty of making and revising assessments.</p>