Philadelphia v. Hyde

Citations

• 48 Pa. Super. 269
• 1911 Pa. Super. LEXIS 367

Syllabus

<p>Municipal Kens — Costs of abating nuisance — Improper items — Sewers.</p> <p>1. Where a city files a municipal lien for a specific sum, being the costs of abating a nuisance, and improperly includes two other items, each for a specific amount for which it had no right of lien, the court may strike off the two improper items without affecting the validity of the lien for the cost of abating the nuisance.</p> <p>2. Where a city does not accept the dedication of a street because the street had but a single outlet, but, nevertheless, constructs thereafter a sewer in the street without assessing the abutting properties, the owner of one of such properties cannot complain if he commits a nuisance by discharging offensive waters from his premises onto the surface of the street, and the city to abate the nuisance makes a connection between his house and the sewer and files a lien against his property for the cost thereof.</p>