Pitcairn v. Stuart

Opinion by

Mr. Justice Simpson,

For a distance of 4,606 feet, the center line of State Highway Route No. 362 is the division line between the Borough of Bryn Athyn and the Township of Lower Moreland. Desiring to modernize the road, the State asked municipal consent to its changing the grade in a way which the court below found was “necessary for the convenience and safety of the traveling public.” The commissioners of Montgomery County consented but the borough did not, probably because, if it had, it would have been required to pay its proportion of the expense of the improvement. Claiming…