Rochester Borough v. Pennsylvania Co.

Citations

• 216 Pa. 320
• 65 A. 796
• 1907 Pa. LEXIS 810

Syllabus

<p>Railroads — Vacation of road — Substitution of road — Borough ordinance.</p> <p>On a bill in equity by a borough against a railroad company to restrain the obstruction of a street, it appeared that an old road formerly ran parallel to defendant’s road, first on one side, and then, after a dangerous grade crossing, on the other side. The borough passed an ordinance providing that the road in question, where the same crossed the railroad, “be and the same is hereby vacated, and the said road shall be continued on the east side of the railroad until the same meets,” a run designated by name, the right of way from the said crossing to the said run to be obtained by the street committee of the council, and the under grade crossing at the run to be made by the railroad at its own expense. After these improvements were made, the vacated portion of the street west of the railroad was left without much change, and put to no specific use, until the railroad company constructed a stone wall across it. Held, that the true construction of the ordinance was to vacate the old street on the west and substitute for it the new one on the east.</p>