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· 10/10/1898

Borough of Oakdale v. Sterling

Citations

  • 8 Pa. Super. 428
  • 1898 Pa. Super. LEXIS 72

Syllabus

<p>Municipal claim — Curb—Unauthorized line.</p> <p>A claim by a bovough for the setting of curb on lines not approved or adopted by the councils cannot be sustained.</p> <p>Evidence — Recital of ordinance in plan — Best evidence.</p> <p>A plan authorizing certain lines of a borough street is not admissible in evidence to show the formal adoption of such line by the borough because of a recital that it was recorded pursuant to a resolution of councils. The recorder’s certificate is the requisite evidence of record, not that of the burgess, and the ordinance or resolution of councils should have been offered if such existed.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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