Twenty-eighth Street

Citations

• 158 Pa. 464
• 27 A. 1109
• 1893 Pa. LEXIS 1616

Syllabus

<p>Streets — Sewers—Assessing benefits— Value — Cost — Exceptions —Evidence — Practice—Record—Viewers—Certiorari—Act of May 16, 1891.</p> <p>The cost of a sewer improvement is some evidence upon the subject of its value, but it is not conclusive. The viewers should ascertain the value, upon the basis of a quantum valebant, of the materials and labor for which the lot owners are called upon to contribute. Their l-eport should state the value, not the cost of the improvement.</p> <p>The proper }:>ractice under the act of May 16, 1891, P. L. 65, is for the lot owner to appear before the viewers and aid them, if he can, in determining what the materials and labor employed in the improvement are really worth. If they refuse to hear him or disregard the proofs, be should except to the report when filed. If instead of appearing before the viewers, and the court below, he waits until after final confirmation' and then brings up the record on certiorari, he cannot be heard on any question of fact. In the absence of exceptions the presumption is that the viewers discharged their duty.</p>