Omega Street

Citations

• 152 Pa. 129

Syllabus

<p>[Marked to be reported.]</p> <p>Street improvements — Unconstitutional act — Remedial act — Contract— Act of May 16, 1891.</p> <p>Where a street improvement is made under an unconstitutional act, and subsequently a remedial act is passed providing that viewers should be appointed “ to ascertain and determine the total damages and expenses of such improvement,” the assessment should be made on the basis of a quantum meruit, but the contract with the city under which the work was done is some evidence of the cost of the improvement and may be considered by the viewers.</p> <p>But in such a case if the viewers refuse to hear evidence as to the value of the work, and declare their purpose to “ only take the contract price as furnished by the city engineer,” and express no belief that the contract price was a fair price, their report will be set aside.</p> <p>Practice under act of May 16, 1891.</p> <p>Under the act of May 16, 1891, questions of fact must be raised before the viewers, and if a lot owner fails to appear before the viewers to raise questions of fact on which he wishes to be heard, he will be held to have-waived them; but questions of form, or of law, arising upon the face of the report may be brought to the attention of the court by exceptions by any one interested and without regard to his appearance or nonappearance before the viewers.</p>