Rothwell v. California Borough

Citations

• 21 Pa. Super. 234
• 1902 Pa. Super. LEXIS 343

Syllabus

<p>Boroughs — Roads—Repair of road on boundary line between borough and township.</p> <p>AVhere the center line of a road is the boundary line between a borough and a township, the borough is charged with the duty of keeping in repair the half of the road within the borough lines, but it cannot make any change of grade of its own half of the road so as to interfere with the use of the public highway in its entirety. It may, however, with the acquiescence and consent of the authorities of the township extend its work beyond the middle of the road, and in that manner discharge its duty to maintain the highway. In such a case the question whether the work should or should not be carried beyond the center line, the township consenting, is within the discretion of the borough authorities.</p> <p>In an action against a borough to recover damages-for injuries to property caused by the change of grade of a road, the center line of which is a boundary line between a borough and a township, a judgment against the borough may be obtained where the evidence submitted to the jury tended to show that the work was done under the direction of the borough street commissioner, and was paid for by the proper borough authorities. In such a case declarations of the street commissioner made while acting within the scope of his authority in doing the work as to the character in which, and the orders under which, he was acting, are part of the res gestos.</p> <p>Road law — Ghange of grade — Interest.</p> <p>Wliere in a road case the lower court has erroneously directed the jury to allow interest, the appellate court will permit the appellee to yield the amount by which the verdict was so increased by striking off the amount of the interest.</p>