Smith v. Baltimore & Ohio Railroad

Layton, J.:

First, it is argued that the act just cited is a local or special law and violates Article II, Sec. 19 of the Delaware Constitution which states: “The General Assembly shall not pass any local or special law relating to * * * the laying out, opening, alteration, maintenance or vacation, in whole or in part of any road, highway, street, lane or alley; provided, however, that the General Assembly may by a vote of two-thirds of all the members elected to each House pass laws relating to the laying out, opening, alteration or maintenance of any road or highway which forms a continuous…