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· 10/11/1915

Mechanicsburg Borough v. Gray

Citations

  • 61 Pa. Super. 95
  • 1915 Pa. Super. LEXIS 275

Syllabus

<p>Appeals — Summary conviction — Violation of borough ordinance —Jurisdiction of Common Pleas — Act of June 4, 1897, P. L. 121.</p> <p>A conviction before the chief burgess of a borough for the violation of a borough ordinance prohibiting the digging up of a street without a permit, and providing a penalty for such an offense is a summary conviction from which no appeal lies to the Court of Common Pleas. An appeal in such a case must be taken to the the Court of Quarter Sessions.</p> <p>Boroughs — Streets—Digging up street by railroad company.</p> <p>A railroad company and its employees are subject to the provisions of a borough ordinance which requires the securing of a permit before a street is torn up, even if the company has the right to use the street without the municipal consent, and even if it owns the land on both sides of the street.</p>

Judges: Head, Henderson, Kephart, Orlady, Rice, Trexler

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