Philadelphia v. Clark

Citations

• 269 Pa. 513
• 112 A. 546
• 1921 Pa. LEXIS 597

Syllabus

<p>Road law — Streets—Paving—Original paving — City of Philadelphia — Ordinances—Street railways.</p> <p>1. An owner of land abutting on a street is liable for the original paving thereof unless he can point to some ordinance relieving him from such liability.</p> <p>2. An ordinance of the city of Philadelphia passed March 30, 1893, imposing a liability on a street railway company for the “repaving” of the street does not relieve the property owner from liability for original paving.</p> <p>3. What the city stipulated for, in such ordinance, was not immunity to property owners from the expense of original paving, for which they, and not it, would be liable, but immunity to it from the cost of repaving, for which it, and not they, would be required to pay-</p> <p>4. The ordinance of July 11, 1857, imposing liability on a street railway company for an original paving, was repealed to that extent by the ordinance of April 1, 1859, and a landowner cannot claim exemption from liability under such ordinance; nor can he claim exemption for a portion of the street required, by the ordinance of October 16, 1860 (supplementary to the ordinance of 1857), to be paved with granite blocks, inasmuch as that ordinance did not fasten upon the railway company the liability to pay for such paving.</p>