Phila. v. Thomas's Heirs

Citations

• 152 Pa. 494
• 25 A. 873
• 1893 Pa. LEXIS 1005

Syllabus

<p>Municipal claim for sewer — Unopened street — Dedication—Acceptance by city — What constitutes.</p> <p>Whore a street has been dedicated by adjoining owners and laid out on the confirmed city plan, but not physically opened over the land, the passage of an ordinance for the laying of a sewer and entry upon the street-dedicated are as clearly an acceptance of the dedication and as unqualified a recognition of the street as an opened highway of the city as if an ordinance to open had been passed and damages assessed and paid.</p> <p>necessity of sewers — Discretion of councils.</p> <p>Councils having determined in their legislative wisdom to commence the improvement of the street by constructing a sewer thereon, their right to do so cannot be doubted, their judgment as to the propriety or necessity therefor being final and conclusive: Wain v. Phila., 99 Pa. 337; Michener v. Phila., 118 Pa. 535.</p>