Reading City v. Heilman

Citations

• 19 Pa. Super. 422
• 1902 Pa. Super. LEXIS 120

Syllabus

<p>Municipalities — Road law — Curbing and paving — Act of May 23, 1889, P. L. 277, art. 5, sec. 3, clause 11.</p> <p>Under the Act of May 23, 1889, art. 5, sec. 3, clause 11, a city of the third class has no power, where a curb and pavement is in good condition, to require the property owners to recurb a street without regard to existing conditions, in a manner which is a departure from pre-existing regulations.'</p> <p>When a sidewalk is once curbed and paved in accordance with the regulations of the city, the power of the city to charge the owner for a new curb and pavement is dependent upon the condition of the old sidewalk and curb, and not upon the changed municipal regulations. A new curb and pavement may be ordered because the old is in bad condition, but not because the city authorities have changed their views as to the quality or size of stones best to be used for curbing.</p>