Nocton v. Pennsylvania Railroad

Citations

• 32 Pa. Super. 555
• 1907 Pa. Super. LEXIS 53

Syllabus

<p>Road law — Vacation of streets — Damages—Montgomery county — Acts of May 9, 1871, P. L. 639 and May 16, 1891, P. L. 75.</p> <p>The vacation of a highway or street is not an injury to the abutting owners within the provisions of the constitution requiring compensation, and, in the absence of special legislative provision for damages, none can be recovered.</p> <p>The Act of May 16, 1891, P. L. 75, contains no express grant to property owners of the right to damages for vacation, nor any clear implication of an intention to make such grant. This being so, the fact that the street was vacated upon the petition of the parties who are benefited thereby cannot change the result.</p> <p>The special Act of May 9, 1871, P. L. 639, relating to road law procedure in Montgomery county does not give the right to recover damages for the vacation of roads or streets in that county.</p>