SMITH v. BALTIMORE & O. R. CO.

Civ. A. No. 373.

85 A.2d 73 (1951)

SMITH et al. v. BALTIMORE & O. R. CO. et al.

Superior Court of Delaware, New Castle.

November 29, 1951.


Attorney(s) appearing for the Case

Howard E. Lynch, Jr., Dover, for plaintiffs.

William Prickett, Wilmington, for defendants.


LAYTON, Judge.

First, it is argued that the act just cited is a local or special law and violates Article II, Sec. 19 of the Delaware Constitution which states: "The General Assembly shall not pass any local or special law relating to * * * the laying out, opening, alteration, maintenance or vacation, in whole or in part of any road, highway, street, lane or alley; provided, however, that the General Assembly may by a vote...

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