Curtis v. Pittsburgh, McKeesport & Youghiogheny Railroad

Citations

• 250 Pa. 480
• 95 A. 582
• 1915 Pa. LEXIS 974

Syllabus

<p>Highway' — Boroughs—Road not wholly in borough — Vacation —Railroad—Relocation by railroad — Elevation of road — Injury to adjacent property.</p> <p>1. Where a public road is not wholly within the borough limits, the jurisdiction to vacate the part thereof in the borough is not vested in the municipal authorities, hut in the Court of Quarter Sessions.</p> <p>2. In an action against a railroad company for damages for consequential injuries to real estate resulting from the relocation and construction of defendant’s railroad upon a borough highway adjoining plaintiff’s land, where plaintiff admitted on cross-examination that the borough council had vacated the road in question prior to the date when the work complained of was commenced, but where it appeared from plaintiff’s case that the road in question was not wholly within the borough limits but was a continuous public highway leading through the neighboring country and could not, therefore, he vacated by the borough council, the entry of a compulsory nonsuit was error.</p>