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· 4/21/1919

McCall v. Delaware, Lackawanna & Western R. R.

Citations

  • 71 Pa. Super. 508
  • 1919 Pa. Super. LEXIS 145

Syllabus

<p>Boroughs — Roads and streets — Borough council — Jurisdiction.</p> <p>1. A borough council has authority to change, by ordinance, the location of a main highway, which is also a street of the borough, and to vacate that portion of the same, which is rendered useless by such change where the whole of the vacated Street is within the limits of the municipality.</p> <p>2. While a borough council has no authority to obstruct a main highway running through the borough, there is nothing to prevent its changing the location of a part of such highway which is entirely within its limits, where such change does not interrupt or destroy the continuity of the highway, but merely for safety or convenience substitutes a better or safer road for a dangerous and unsafe one.</p> <p>3. Tbe borough council has concurrent jurisdiction with the court of quarter sessions as to the improvement of so much of such a highway as lies within the borough.</p>

Judges: Keller, Orladx, Portee, Trexler, Williams

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