In re Change of Grade Borough of Dorranceton

Citations

• 71 Pa. Super. 116
• 1919 Pa. Super. LEXIS 42

Syllabus

<p>Road law — Change of grade — Physical change — Borough streets —Authority of council.</p> <p>When a plaintiff seeks to recover of a borough damages alleged to have resulted from a change of grade of a street the burden is upon- him to show that the change was made by the proper authorities of the borough, either by municipal action in the first instance or by acquiescence and subsequent adoption.</p> <p>The power to establish the grade of a street or to authorize a physical change of grade is vested exclusively in the borough council and the engineer of the borough has no authority to establish such a grade.</p>