Murtland Street Sewer
Murtland Street Sewer
Opinion of the Court
This appeal is from an order confirming the report of a board of viewers assessing special benefits for the construction of a sewer. It brings before us only the report of the viewers, the exceptions thereto and the order of confirmation. The city built two fifteen-inch sewers at the sides of each of two streets on which a part of the appellant’s property abutted. All four of these sewers drained into a sewer of equal size built at the same time, thus limiting the capacity of the entire sewer system to a sewer fifteen inches in diameter. The appellant’s contention is that, since a sewer capacity of only fifteen inches was provided, he should be assessed only a pro rata cost of one
The order is affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Sewers — Assessments—Damages. Where a viewers’ report shows that assessments for a sewer were based on the special benefits to the several properties, and there is nothing in the record from which the appellate court could find that the assessment exceeded the proper limits, the order confirming the report will not be reversed.