Kunkle's Petition

Sherwood, J.,

This is an appeal by the Borough of Goldsboro from the report of the viewers appointed by this court to assess damages to the property of David L. Kunkle, caused by the reconstruction and relocation of York Street, in said borough, said street being also known as State Highway Route 449.

On Nov. 14,1927, David L. Kunkle moved the court to strike off said appeal for the reasons filed of record in said case. An answer was filed by the bor*270ough on Nov. 28, 1927. No replication was filed to said answer by David L. Kunkle.

The first reason assigned in support of said motion to strike off…