Supreme Court of Pennsylvania, 1888

Borough of Milesburg v. Green

Borough of Milesburg v. Green
Supreme Court of Pennsylvania · Decided May 14, 1888 · Clark, Gordon, Green, Paxson, Sterrett, Williams
10 Sadler 372; 14 A. 256; 22 Week. No. 180; 1888 Pa. LEXIS 888

Borough of Milesburg v. Green

Opinion of the Court

Per Curiam:

The borough of Milesburg had no power to order the paving of footwalks on the roadway of the turnpike company. The act of May 22, 1883, gave the municipality this power as to “lands abutting on and along the sides of turnpike roads,” but did not authorize it to interfere with the corporate franchise of the companies owning such roads. It is, therefore, clear that the borough ordinance, providing for the paving in controversy, .is ultra vires and void.

.The judgment is affirmed.

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