Ashley Borough Appeal

Opinion by

Mr. Justice Allen M. Stearne,

The State Mining Commission, as provided for by the Act of July 3, 1941, P. L. 259, 52 PS section 1501, has determined that the Borough of Ashley is liable for |9,123.80 in damages to Glen Alden Coal Company for coal found necessary to be left in place for the vertical and lateral support of State Highway Route No. 170, Section 9, in the County of Luzerne. Prom this order of the Commission, the Borough appeals.

In 1934 and 1935 the Borough passed two ordinances and a resolution approving the construction of the State Highway through the Borough, and…