Emaus Borough v. Security Trust Co.

Reno, P. J.,

‘The purpose of this suit is to enjoin defendants from erecting a bank building in the Borough of Emaus, which, it is alleged, encroaches upon Main Street, in that borough.

A similar case between the same parties and involving the same building was dismissed (6 D. & C. 395) because it did not there appear that the borough had taken the requisite steps for appropriating the land comprehended within the building-lines of the street to public uses.

Thereafter, as will appear from the findings of facts, the borough enacted an ordinance fixing the width of the street and tendered its…