Werner v. Pittsburgh

Citations

• 256 Pa. 407
• 100 A. 985
• 1917 Pa. LEXIS 628

Syllabus

<p>Municipalities — Streets — Sidewalks— Change of width— Ordinance — Construction—Bill in equity — Dismissal.</p> <p>1. A municipal ordinance providing inter alia “that all sidewalk pavements, curbing and boardwalks, and the laying and repair of the same, shall be under the direction and control of the Department of Public Works,” and fixing the width of sidewalks according to the width of streets, applies to all streets, old as well as new, and, in repairing and otherwise improving an existing street, the width of the sidewalk should be adjusted in accordance with the terms of such ordinance.</p> <p>2. Where after the passage of such ordinance the municipality reduced the width of a sidewalk from six to three feet during the absence of an abutting property owner, a bill in equity thereafter brought by such owner to compel the municipality to restore the sidewalk to its original width on the ground that the ordinance did not refer to existing walks, and the change was therefore unauthorized, was properly dismissed.</p>