Philadelphia v. Charleston

8 Pa. D. & C.2d 689, 1956 Pa. Dist. & Cnty. Dec. LEXIS 422
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 3, 1956
Docketno. 28147
StatusPublished

This text of 8 Pa. D. & C.2d 689 (Philadelphia v. Charleston) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Philadelphia v. Charleston, 8 Pa. D. & C.2d 689, 1956 Pa. Dist. & Cnty. Dec. LEXIS 422 (Pa. Super. Ct. 1956).

Opinion

Davis, J.,

This case involves the city’s claim for excess water and sewer rent for the period from January 1, 1943, to January 22, 1951, [690]*690against the premises once owned by defendant, Joseph Charleston. He is now deceased and the claim is being resisted by his widow as executrix.

On January 1, 1943, the water meter on the premises was not registering; it apparently had been out of order for some time before that date. The city repaired the meter and set the dials to zero on September 17, 1950. The meter was read on January 22, 1951, and the average daily consumption for the period since September 17, 1950, was computed. On February 1, 1951, defendant was sent the following bill based on this daily average for excess water consumed during the period from January 1, 1943, to January 22, 1951:

“The Meter in the above account had not been registering since 1938. Inasmuch as that you have only occupied these premises since 1943, we are billing you back to 1/1/43, as the meter has been repaired and set to zero, 9/17/50.
“Basis
“9/17/50 to 1/22/51 or 127 days or 141000 C.F. consumption or 1110 C.F. daily.
“Billing:
“1/1/43 to 12/31/48 or 2192 days @ 1110 or 2433100-780000 or 1683100 @ 40^ or $661.24.
“1/1/49 to 1/22/51 or 752 days @ 1110 or 834700-130000 or 704700 @ 45^ or $317.12.
“$661.24 plus $317.12 equals $978.36 total water.
“Sewer:
“1946, 365 days @ 1110 or 405200-130000 or 275200 @42% ..................... $46.23
“1947, 365 days @ 1110 or 405200-130000 or 275200 @ 49%........................ 53.94
“1948, 365 days @ 1110 or 406300-130000 or 276300 @56% ....................... 61.89
[691]*691“1949, 365 days @ 1110 or 405200-65000 or 340200 @56%........................ 85.73
“1950, 365 days @ 1110 or 405200-65000 or 340200 @ 59.5% ...................... 91.09
“1951, 22 days @ 1110 or 24400............ 6.92
“Total sewer......................$345.80
“Note: Effective 1/1/49 per Ordinance of Council, water may increase from 40^ to 45‡ per 1000 C.F. and minimum allowance reduced 50%. Sewer went into effect 1/1/46, per Ordinance of Council.”

Defendant does not contend that this method of computing the bill was improper. See American Conduit Mfg. Co. v. Kensington Water Co., 234 Pa. 208 (1912); Philadelphia v. Goetz, 71 D. & C. 500 (1950); but see Estate of William D. Martin, deed., Tax Board Review opinion no. 56-4, docket no. 100.02-42 (March 16, 1956).

The city filed its claim in court on May 21,1954, and the claim became a lien on the property: Municipal Lien Act of May 16, 1923, P. L. 207, sec. 3, 53 PS §2023. The claim, which was typed on a printed form, was on its face for “Water Rent for the year 1951” and “Sewer Rent for the year 1951”, together with interest and a penalty. The case was heard without a jury. In order to clarify the record, and over defendant’s objections, we allowed the city to amend its claim to read:

“Excess water rent for the period January 1, 1943, to January 22, 1951.
“Excess sewer rent for the period January 1, 1943, to January 22, 1951.”

Defendant argues that the claim is barred by the statute which states that: “Claims for . . . water rents . . . and sewer rates must be filed in the court of common pleas ... on or before the last day of the [692]*692third calendar year after that in which the taxes or rates are first payable . . : Municipal Lien Act of May 16, 1923, P. L. 207, sec. 9, 53 PS §2029. Both sides have argued this case on the assumption that the above-quoted statute controls and that it is a statute of limitations.1 See Philadelphia v. Goetz, supra.

Ordinarily, it would seem that the rates become “first payable” either as soon as the meters are read or within a reasonable time after the meters should have been read for each rent year. Since there are many thousands of meters to read, the city cannot read them all on one day. The city should have a reasonable time to read each meter and render a bill in order to start the statute of limitations running against it.

Under the claim before us, it would appear that defendant is entitled to a verdict covering the water used in his property during the period from 1943 to 1949, while the city is entitled to a lien on the prop[693]*693erty for excess water and sewer rent used during the entire year of 1950 and the first 22 days of 1951.

The bill was rendered on February 1, 1951. This was within a reasonable time after the close of the year 1950 and the first 22 days of 1951, but it was in our opinion unreasonable for the city to delay 13 months in sending a bill for the period which ended on December 31, 1949. A bill for 1949 should have been rendered at least by the end of 1950. Hence, the three-year statute of limitations on the claim for the year 1949 and earlier started running against the city at some date in 1950. The lien is lost if the claim is not filed on or before the last day of the third calendar year after that in which the statute begins to run. Since the statute began to run in 1950, the last day of the third calendar year after 1950 is December 31, 1953. Since the claim was filed in court on May 21, 1954, the lien for the water used in 1949 and before was lost.

The statute of limitations for the water used during 1950 and the first 22 days of 1951 started running when the bill was rendered on February 1, 1951. The last day of the third calendar year after 1951 is December 31, 1954. Since the claim was filed before that date, the lien for water consumed in 1950 and 1951 is valid and subsisting.

The city’s answer to the defense that part of its claim is barred by the statute of limitations is that the city should be required to render its bills for excess water rent within a reasonable time after the close of a water rent year and, under the circumstances, no unreasonable period of time had elapsed between the time when the water was furnished and the date when the bill was sent.

The first question for us to decide is whether the city’s legal premises are correct. The city’s argument is that since the statute of limitations starts running [694]*694when the bill is “first payable”, the statute does not begin to run unless and until the city reads the meters and submits a bill, since the excess water bill cannot be paid or be “payable” until the bill is rendered to the consumer. It argues, in other words, that the rendering of a bill for excess water is a condition precedent to starting the statute running against the city. The city admits that it cannot delay rendering such a bill for an unreasonable period of time, citing Chittenholm v. Giffin, 357 Pa. 616, 620 (1947): “Where ... the time for doing an act, necessarily precedent to bringing suit is indefinite, the law allows only a reasonable time.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Girard Trust Corn Exchange Bank v. Ermilio
115 A.2d 922 (Superior Court of Pennsylvania, 1955)
Chittenholm v. Griffin
55 A.2d 324 (Supreme Court of Pennsylvania, 1947)
McPhilomy v. Lister
19 A.2d 143 (Supreme Court of Pennsylvania, 1941)
Provident Trust Co. v. Judicial B. & L. Assn.
171 A. 287 (Superior Court of Pennsylvania, 1933)
American Conduit Manufacturing Co. v. Kensington Water Co.
83 A. 70 (Supreme Court of Pennsylvania, 1912)
Phila. v. T. B. Rice & Sons Co.
118 A. 14 (Supreme Court of Pennsylvania, 1922)
Borough of Huntingdon v. Dorris
78 Pa. Super. 469 (Superior Court of Pennsylvania, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
8 Pa. D. & C.2d 689, 1956 Pa. Dist. & Cnty. Dec. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-v-charleston-pactcomplphilad-1956.