Wheeler Avenue Sewer

Citations

• 214 Pa. 504
• 63 A. 894
• 1906 Pa. LEXIS 689

Syllabus

<p>Sewers — Ordinance—Viewers—Damages.</p> <p>Where a city ordinance for the construction of a sewer fixes the proportions of the costs of construction which are to be paid respectively by the city and the abutting landowners, and the ordinance is made part of the petition for the appointment of viewers, and the viewers in assessing the damages name the exact amount set forth in the ordinance even to the fraction of dollars, the report of the viewers should be set aside. In such a ease the parties in interest are entitled to have the judgment of the viewers as to the damages and benefits and the cost of the sewer, and are not compelled to accept the judgment of the city engineer, or of the city councils on the subject.</p> <p>A provision in a city ordinance fixing the cost of a sewer and the amount of benefits to be assessed against the city and the property owners respectively, does not render the whole ordinance invalid. Such a provision may be treated as surplusage.</p>