MAZUR ET AL. v. ROUGHSEDGE BROS., INC., ET AL.


75 Pa. D. & C. 143 (1950)

Mazur et al. v. Roughsedge Brothers, Inc., et al.

Common Pleas Court of Luzerne County, Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Daniel J. Flood and James L. Brown, for plaintiffs.

Mitchell Jenkins and E.E. Hosey, for defendants.


VALENTINE, P.J., July 20, 1950.

Flat Road is a public street of the Borough of Plymouth. Since June 5, 1950, defendants, Roughsedge Brothers, Inc., and Sidney Fewins have used the same for the transportation of coal and dirt. For this purpose trucks and tractors have been, and now are, being operated on the street.

The complaint charges that the use of the street thus made amounts, in effect, to a confiscation of the highway, making ingress and egress to the...

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