McKeesport Borough v. Wood

Citations

• 160 Pa. 113
• 28 A. 574
• 1894 Pa. LEXIS 777

Syllabus

<p>• Streets — Cost of paving — Agreement between property owner and borough — Evidence.</p> <p>Property owners agreed with a borough to pay the cost of grading and paving a street in front of their respective lots to within two feet of the rail of the tracks of a street car company. After the ordinance authorizing the paving was passed the street car company laid an additional track, but the evidence was conflicting as to whether the additional track was laid before or after the paving was actually done. Held, that it was error for the court to give binding instructions that the borough could only recover for the paving done to within two feet of the rail of the tracks, as the street and track were when the improvement was made.</p>