McCall v. Delaware, Lackawanna & Western R. R.
Superior Court of Pennsylvania
Appeals, Nos. 8 and 11, March T., 1919, by defendants, from judgment of C. P. Luzerne Co., March T., 1914, No. 571, on verdict for plaintiff in case of Mary McCall v. The Delaware, Lackawanna & Western Railroad Company and Borough of Duryea. Trespass to recover damages to real estate caused by vacation of street. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdict for $1,500 and judgment thereon. Defendant appealed.
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Appeals, Nos. 8 and 11, March T., 1919, by defendants, from judgment of C. P. Luzerne Co., March T., 1914, No. 571, on verdict for plaintiff in case of Mary McCall v. The Delaware, Lackawanna & Western Railroad Company and Borough of Duryea. Trespass to recover damages to real estate caused by vacation of street. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdict for $1,500 and judgment thereon. Defendant appealed. Errors assigned, among others, were refusal to grant new trial and refusal to enter judgment for defendants n. o. v.
1Opinion of the Court
Opinion by
Keller, J.,
The real point involved in this appeal is the right of the Borough of Duryea, by ordinance, to change the location of a . portion of Main street, in order to avoid a railroad crossing at grade, and vacate the part rendered useless by such change, the said street having been, prior to the incorporation of the borough, part of the public road leading from Wilkes-Barre to Scranton. AIT of the vacated portion of Main street as well as of the newly laid out Main street is admittedly within the Borough of Duryea, and the street extends some distance on both sides of the change…
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