West Liberty Avenue Sewer

Citations

• 54 Pa. Super. 242
• 1913 Pa. Super. LEXIS 49

Syllabus

<p>Sewers — Assessment for benefits — Report of viewers.</p> <p>1. Where a viewers’ report shows that assessments for a sewer were based on special benefits to several properties, and there is nothing in the record from which the appellate court could find that the assessment exceeded the proper limits, the order confirming the report will not be reversed.</p> <p>2. The findings of viewers on questions of fact, approved by the court, will not be disturbed, except for clear error.</p> <p>3. Every presumption is in favor of the award, and unless errors in proceedings, or findings, are pointed out, the report should be confirmed.</p> <p>4. A property owner cannot be assessed with the cost of a main sewer where it appears that a smaller local sewer would have been sufficient to give the property all the benefit it derives from the main sewer.</p>