Philadelphia v. Gowen

Citations

• 202 Pa. 453
• 52 A. 3
• 1902 Pa. LEXIS 545

Syllabus

<p>Road law — Municipal lien — Paving—Foot front rule — Evidence—Tax boohs.</p> <p>On a scire facias sur municipal lien for paving, where the defense is that the property was rural, and not assessable for municipal improvements by the foot front rule, the record books of the board of revision of taxes are not admissible in evidence on behalf of the city to show that in the year in which the work was done the property was assessed for taxation as urban at the full city rate. Such books are mere ex parte entries or declarations in the city’s own favor.</p> <p>Road law — Taking turnpike road — Original paving — Act of June 2,1887, P. L. 306.</p> <p>There is nothing in the Act of June 2, 1887, P. L. 306, which imposes on a city when it takes possession of a turnpike road, a statutory recognition of the existing pavement, no matter of what composed, as a first pavement which prevents an assessment on adjoining property for any further cost of repaving as well as of repairs.</p> <p>If, however, the city recognizes or adopts such a road as a street sufficiently well paved for all the requirements of the present or near future, then it becomes a street as a result of such action, and the future growth of the city and necessity of a different pavement will not change its character or subject the abutting owners to charge for new paving.</p>