Pittsburg v. Shaffer

• Decision Date: 03 January 1871
• Citation: 66 Pa. 454
• Parties: Pittsburg <I>versus</I> Shaffer.
• Court: Pennsylvania Supreme Court

66 Pa. 454

Pittsburg versus Shaffer.

Supreme Court of Pennsylvania.

November 8, 1870.

January 3, 1871.

November 8th 1870.

Before THOMPSON, C. J., READ, AGNEW, SHARSWOOD and WILLIAMS, JJ.

Error to the District Court of Allegheny county: No. 195, to October and November Term 1870 J. F. Slagle, for plaintiff in error, referred to the Act of 1864; O'Connor v. Pittsburg, 6 Harris 187.

E. P. Jones and D. T. Watson, for defendant in error, referred to the same act.

The opinion of the court was delivered, January 3d 1871, by READ, J.

By the 6th section of an act concerning streets and sewers in the city of Pittsburg, passed 6th January 1864 (Pamph. L. 1133), the councils of Pittsburg were authorized to cause to be graded any public street or any parts thereof, the expense to be paid by the owners of property abutting on it, according to the foot front of such properties.

The defendant was the owner of property on Dinwiddie street, extending from Centre avenue to Rose street.

On the 30th April 1866 a resolution was passed by the Select and Common Councils of the city of Pittsburg as follows: —

"Resolved, That the owners of property on Dinwiddie street be and they are hereby authorized and empowered to fill up said street, from Centre avenue to Pennsylvania avenue, to a uniform grade, provided that said filling up shall be done in such manner as not to interfere with travel along and over said street, and provided that the watercourses over and along the same shall not be disturbed; and such filling up shall be done subject to the direction and control of the city regulator, and without any cost to the city."

The defendant procured from the city regulator the grade of Dinwiddie street, and after the passage of said resolution, and under the authority thereby granted, proceeded to fill up the street in front of his property, and made the same to the uniform city grade, at his own expense and without cost to the city. It is clear then that the councils caused to be graded that portion of Dinwiddie street lying between Centre avenue and Rose street, the cost being paid by the person liable by law to pay for the grade. This portion of the street was brought up to the uniform city grade, and required no further action of the city authorities.

If all the grading in the city of Pittsburg could be done on the same terms it would be a great blessing to the community, although it might diminish the emoluments of some of the city officers. Some time after...