Kittanning Borough v. Thompson

Citations

• 211 Pa. 169
• 60 A. 584
• 1905 Pa. LEXIS 430

Syllabus

<p>Road, law—Grade of street—Paper grade—Change of grade—Nuisance—■ Equity.</p> <p>The establishment of a paper grade by a borough confers no right on a property owner to enter on a highway and change the natural grade thereof. The streets of a borough are in charge of its municipal authorities and the actual grading can be done only by their authority exercised in the manner prescribed by law.</p> <p>Where a property owner in a borough without any authority by ordinance, undertakes to elevate a sidewalk above the natural grade, although to conform to a paper grade established by the borough, and it appears that the proposed sidewalk would be a dangerous public nuisance, the construction of the sidewalk will be enjoined on a bill filed by the borough.</p>