Steelton Borough v. Booser

Citations

• 162 Pa. 630
• 29 A. 654
• 1894 Pa. LEXIS 1033

Syllabus

<p>Boroughs — Streets—Sidewalks—Grading—Act of April 3, 1861.</p> <p>The owner of property abutting upon a new street of a borough, is not bound- t,o pay for the grading of the footway, under the act of April 3, 1851, P. L. 320. .</p> <p>When a borough exercises its discretion and decides to grade a street, the work is necessarily an entirety and the whole of it is to be paid for according to the same rule. It need not all be done at the same time. H it seems wise to cut down or fill up the driveway onty, postponing the grading of the sidewalks until the abutting lots come into the market, there can be no objection to this action, but it would certainly be unjust and unequal to grade the public driveway at the public expense, and then compel each abutting owner to grade the public footway at ■ his own expense. By McPherson, J.</p>