Wilkes-Barre Connecting Railroad v. Kingston Borough

Opinion by

Mr. Justice Schaffer,

The Borough of Kingston had entered into a contract with Andrew J. Sordoni for the building of a sewer about a mile long. Under the terms of the contract, the contractor was obligated to bear the expense of protecting any structures (including railroads) against damage arising from the work. The sewer crossed the right-of-way of the Wilkes-Barre Connecting Railroad Company and permission was given by it to lay the sewer therein. The contract price for the work was in excess of $149,000. As the construction was being proceeded with, it apparently became necessary…