Duke v. B. & C. V. R. Extension Co.

Citations

• 129 Pa. 422
• 18 A. 566
• 1889 Pa. LEXIS 966

Syllabus

<p>(a) A railroad company was-authorized by a borough ordinance to construct its roadbed upon a borough street, provided it should conform to a certain grade shown by a profile drawing attached to the ordinance, no grade for the street having been established previously by the borough.</p> <p>1. In an action against the company to recover damages for injuries to lots abutting upon the street, caused by an embankment made by the company in the construction of its roadbed in accordance with the ordinance, the ordinance was inadmissible as a defence relieving the company from the payment of damages.</p>