The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-28

The opinion of the Supreme court in
| the case Of the City of Scranton against
Il. r.. Sturges. was received here yes
terday, and is printed below in full.
Mr.. Sturges refused to pay a part of
his assessment for the paving of North
Washington avenue, because the pave
ment was not kept in proper repair for
five years, as per contract. When the
five years was about to expire, he and
other property holders served notice on
the city authorities that the pavement
was in bad condition, and that the
company's bond should not be released
until it had part of the pavement in
good shape. The notice was ignored.
and Mr.. Sturges thereupon refused to
pay any other assessments.
The city brought suit in assumpsit
to recover the balance owing and the
case was tried before Judge j. W. Car
penter. Mr.. Sturges' attorneys. welles
& Torrey and james Gardner Sander
son, asked for non-suit on the ground
| that form of action was irregular, and
that the contract was illegal in that 1t
included repair work for which the
property holder can not be compelled
to pay.
'
Cornelius Comegys, representing the
plaintiff, contended that assumpst
was the proper form of action and that
the clause relating to repairs for five
years was not in fact a provision for
ieP''itS' o"' simply sutieii'S '''at
the "orh Wouiu pe performed III "
manner tnat would make repairs un-
necessary for five years.
,,,,,
'CD.fE CaHe1N Eh hCLiNu'
Judge Carpenter disposed of the case
on the second point ruling that the
evnansn of tb, ran,irs ,vas ,,nouaet;on-
ahi,. t,,,n,, ;,,.,> I,,,,>,,,. n,,,a,, .,,a oo,,
80 ~, 80
'''''oi was ii"'hii's iis oio' anu co"
sequehtly the cost Oh the repairs was
included i'll the assessment against the
property owner. As there was no way
of separating the cost of the paving
aud tba cost of ranoirc .ha whole as
,.,,,,,a,+ I,a, C,r,o,t.r 1o,;ao1
' ,I, ,,
Was ii'esa' anu uiicoiieclho'e.
con ha asssssad only for the orlg,no,
cost of paving. and that all repair
yorl, ,,ue+ ha maid for nv the citv ,t
,oroa Inago f,arnentor st,tad tbat no
.t', - ai, IL. -.
."i.o"eu 'he "e'isio'' y. JUS. H'ei"
oeA' ~ 'i'1 S'S- ~ h'Ai""'i''f'"A~ w
against Hughes.
The Supreme court, besides affirming
Judge Carpenter's finding, declares
thot the form of action was irregular.
III, .n;,;o, ro,ds &c ro,,ou,s.
' 'A''' "
Per curanl--
In 1880, by proper proceedings the city Of
Scranton determined to pave Washington ave.
nue. with sheet asphalt, and thereupor made a
contract with the Trinidad Asphalt company to
put down the pavement. But the contract. in
addition to the laying OF the pavement according
TO plans and specifications for work and ma.
terials included this further STIMULATION: "Said
repairs TO include all breaking OF pavement for
gas. water and sewer purposes, as we'll as the
ordinary wear and tear so far as the city is con.
cc,ned for n p,riod Of five years.
Before the expiration of five years, the pave.
ment. apparently Icing OF poor quality, became
broken and in places, impossible The defend.
ant was a lot owner fronting on the street
whereon the new pavement was laid and had
ioiued with others in the petition to councils
TO adopt and construct the asphalt pavement.
ASSESSED FOX IEfAlhiS.
Tho ordinance. under which the contract
Y IL 1l.ls.