Donnelly v. Public Service Commission & Pennsylvania R. R.

Citations

• 268 Pa. 345
• 112 A. 160
• 1920 Pa. LEXIS 690

Syllabus

<p>Appeals — Review—Binding instructions — Evidence.</p> <p>1. In determining- whether or not binding instructions should have been given by the court below, all the evidence and inferences therefrom favorable to the opposite party, must be taken as true, and all unfavorable to him, if depending solely upon testimony, must be rejected.</p> <p>Railroads — Grossings—Destruction of crossing.</p> <p>2. Where two public ways cross, each must bo operated with due regard to the rights of users of the other, and neither can be destroyed except in the manner and subject to the liabilities provided by law.</p> <p>Road law — Vacation of street — Public Service Compcmy Act of July 86, 1918, P. L. 1ST If. — Damages—Constitutional law — Sale of lots with plan of streets — Acceptance by municipality.</p> <p>3. The Constitution of the State does not provide for the recovery of damages for the vacation of a street, but liability therefor may be imposed by statute.</p> <p>4. The Public Service Company Act of July 26, 1913, P. L. 1374, and the acts relating t-o boroughs impose liability for the vacation of streets.</p> <p>5. When a municipality vacates so much of a public street as crosses the tracks of a railroad company, it is liable to those legally and actually damaged, irrespective of the ownership of the fee in the part vacated.</p> <p>6. Where damages are allowed for the vacation of a street, the property owners fronting upon the part thereof which thereby becomes a cul-de-sac may recover damages therefor if actually injured.</p> <p>7. Where the owner of a tract of land lays out streets and sells lots therein in accordance with a plan of the improvement, which streets are thereafter accepted as public streets by the municipality in which the tract is situated, a subsequent vacation thereof as public streets will not affect the lot owners’ private rights to the use of the street, ,and any interference therewith must be compensated in damages.</p>