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Borough of Milesburg, Plff. in Err., v. J. Miles Green et al.

Supreme Court of Pennsylvania1888-05-14No. No. 242
10 Sadler 372

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.