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· 11/4/1895

Smith v. Wilkinsburg Borough

Citations

  • 172 Pa. 121
  • 33 A. 371
  • 1895 Pa. LEXIS 741

Syllabus

<p>Municipal corporations — Arbitration—Power to submit to arbitration— Borough.</p> <p>Unless restrained by positive enactment municipal corporations possess inherent power to submit disputed claims to the arbitrament of referees, and they are as much bound by such submissions and the awards made in pursuance thereof as are natural persons.</p> <p>Arbitration — Submission—Award—Borough.</p> <p>Where a borough agrees to submit to arbitration the amount of ‘ ‘ equitable compensation ” to which certain property owners who are compelled to contribute to a general system of sewerage are entitled, notwithstanding the fact that they have already paid assessments for a sewer in front of their property, the arbitrators may determine the amount which such owners are equitably entitled to receive, although they have no legal claims against the borough.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “an intervenor cannot maintain claims or defenses which [are] not in subordination to and in recognition of the propriety of’ the original action

Source: CourtListener parenthetical corpus (CC0).

Judges: Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.