Smith v. Wilkinsburg Borough
Smith v. Wilkinsburg Borough
Opinion of the Court
The facts of this case sufficiently appear in the opinion of the learned judge of the court below, and the questions arising thereon appear to have been rightly decided in favor of the plaintiffs.
Unless restrained by positive enactment, municipal corporations possess inherent power to submit disputed claims to the
Without pursuing the subject further, we are clearly of opinion that judgment was rightly entered in favor of the plaintiffs.
Judgment affirmed.
Reference
- Full Case Name
- C. W. Smith v. Wilkinsburg Borough
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Municipal corporations — Arbitration—Power to submit to arbitration— Borough. Unless restrained by positive enactment municipal corporations possess inherent power to submit disputed claims to the arbitrament of referees, and they are as much bound by such submissions and the awards made in pursuance thereof as are natural persons. Arbitration — Submission—Award—Borough. Where a borough agrees to submit to arbitration the amount of ‘ ‘ equitable compensation ” to which certain property owners who are compelled to contribute to a general system of sewerage are entitled, notwithstanding the fact that they have already paid assessments for a sewer in front of their property, the arbitrators may determine the amount which such owners are equitably entitled to receive, although they have no legal claims against the borough.