The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-11
DECISION FOR THE CITY.
Alderman Jones gives Judgment In
Case Against Property owners.

Alderman Jones has handed down his
decision in the cases brought by the
city against the residents u Duffy
street to obtain benefits for Property
ahutting on Duffy street, as assessed
by viewers appointed by court for the
purpose There are a number of cases,
but the one against John Manley was
taken as a test. In this case the sum
of Sl4.S0 was assessed as benefits
against the property on account of the
widening Of the street The interest
on that sum from May /, 1893 is $.53.
The city sued to recover the entire
amount, sl94l.
The case as recorded on Alderman
Jones docket states that "the attor-
ney for the defendant demands that
this action be set aside and that the
proceedings be discontinued for the rca-
son that the report of the viewers ap-
pointed to assess damages and benefits
in tie opening and widening of Duffy
street does not form basis upon which
this action in assumpsit for benefits as
sessed is brought; that the plaintiff
must show the reg ularity of the entire
proceedings; that all the requirements
of law have been compiled with; that
the authority of the plaintiff to do the
work, the price for which they now
seek to recover must first he shown;
that this action cannot be maintained
if the plaintiff fails to show the same
right to Judgment that is required in
any action to recover an ordinary debt;
that the plaintiff must first prove the
enactment of an ordinance providing
for the widening Of Duffy street and
that all the provisions of the statute
relating to such municipal work has
been compiled with"
The ruling states that If the claims
made by the defense are sustained the
plaintiff has no grounds whatever for
action. 1t continues:
"The plaintiffs action is brought to
recover a sum fixed by board OF
viewers appointed by the court of COM
mon pleas of this county, TO determine
the proportionate benefits and damages
accruing or sustained by the owners of
the property abutting upon the street
when widened and improved.
"The defense does not offer evidence
against the claims nor deny that the
defendant was benefited in the
amount claimed by the improvements
made.
The right of the plaintiff to recover
from the defendant the cost of work
done should not be denied \ board of
viewers appointed by the court of COM
men pleas has fixed the value of such
benefits to the defendant and their re-
port has been confirmed by said court
The proceedings claimed by the defense
to have been irregular were for the as
sessment of damages and benefits undei
the Act of Assembly of May 16. 1891
This action is brought to recover the
amount of an award for benefits, and
is clearly a just claim and the plain
tiff is entitled to q general judgment
for the amount of the viewers award
namely, SASS, with interest from May
81. 1893. S4.5G: and judgment thereupon
entered for the plaintiff and against
the defendant for $l9.4l,
This ruling will apply in other ac-
tions brought by the plaintiff where
the benefits are found by the viewers
to exceed the amount of damages"
This ruling disposes of the cases sc
far as the local courts are concerned
Judgment will be entered in all the
cases. 1t is probable that the defen
dants will appeal and the county court:
will be called upon to decide the mat
ter.