Harp v. Glenolden Borough

Citations

• 28 Pa. Super. 116
• 1905 Pa. Super. LEXIS 148

Syllabus

<p>Road law — Change of grade — Turnpike road — Act of May 24, 1878, P. L. 129.</p> <p>Where a turnpike road company acquired the right by its charter to lay out a fifty-feet wide road upon and along an older highway sixty feet wide, and the company in the exercise of its power lays out and grades a road forty feet wide, leaving on each side of the graded portion ten feet of the old road at the natural grade, a property owner of a borough through which the road passes, is entitled to damages for injuries caused by the borough in cutting down the ungraded portion of the road to the grade of the turnpike. Such a case is within the Act of May 24, 1878, P. L. 129.</p> <p>Road law — Change of grade — Notice—Municipality—Boroughs—Turnpike companies.</p> <p>The municipalities of the commonwealth are by statute vested with authority to regulate or establish proper grades, of which those who deal with the highways are bound to take notice, but this power is not delegated to turnpike companies or corporations, to the record of which the public have not access. Property owners are not bound to take notice of the changes of grade which a turnpike company may propose to make at some time in the future, until such time as the company proceeds to carry its purpose into execution.</p>