Smith v. Kingston Borough

Citations

• 120 Pa. 357
• 14 A. 170
• 1888 Pa. LEXIS 490

Syllabus

<p>1. Under the general borough act of April 3, 1851, P. L. 320, boroughs have power to require lot owners to re-lay, at their own expense, sidewalks laid originally in obedience to a borough ordinance.</p> <p>2. A side-walk was laid in pursuance of an ordinance of a borough incorporated under said act. Fourteen years afterward, the side-walk being out of repair and the abutting owner non-resident, the municipal officers gave notice to repair personally to the owner’s agent and by letters mailed to the owner, herself. On failure to comply, the borough re-laid the side-walk and filed a municipal claim for lien for the cost and a penalty of twenty per centum in addition: Held, that the plaintiff was entitled to recover in a scire facias on said claim.</p>