Oil City v. Oil City Boiler Works

Citations

• 152 Pa. 348
• 25 A. 549
• 1893 Pa. LEXIS 979

Syllabus

<p>Municipalities — Power of councils — Sewers—Act of May 23, 1889.</p> <p>Under the act of May 23, 1889, P. L. 312, giving councils of cities of the third class the power to provide for the construction of sewers, coun- . oils have authority to determine the necessity for a main sewer, and for such branches as constitute a necessary part of such main sewer, and after councils have regularly legislated on the subject, it cannot be shown on the trial of a scire facias to enforce payment of assessments that councils were mistaken in considering that a part of a main sewer, which at best was nothing more than a local or lateral sewer.</p> <p>Whether a main sewer or a merely local or lateral one is necessary on a particular street or portion of a street is a question of engineering and legislative judgment, vested exclusively in councils, and not reviewable, except under extraordinary circumstances which have no existence in this case. Per Stereett, J.</p> <p>Sewer assessments — Taxation—Appeal—Constitution, art. 1, sec. 11.</p> <p>Assessments for the construction of sewers is a species of taxation, which is constitutional and proper, without provision for an appeal from the action of those intrusted with the duty of making or revising such assessments.</p>