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MITCHELL v. ROCHESTER BOROUGH

395 Pa. 373 (1959)

Mitchell v. Rochester Borough, Appellant.

Supreme Court of Pennsylvania.

April 20, 1959.

Attorney(s) appearing for the Case

Robert L. Orr, with him J. Frank Kelker, and Reed, Ewing, Orr & Reed, for appellant.

John D. Ray, with him James B. Ceris, and Ray, Good & Hudson, for plaintiffs, appellees.

John N. Sawyer, with him Moorhead, Marshall & Sawyer, for additional defendant, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE MUSMANNO, April 20, 1959:

Adams Street, a 40-foot wide thoroughfare in Rochester, accomplishes the unique feat, at the point involved in this litigation, of running upgrade and downgrade at the same time. This paradox is explained by the fact that a strip 12 foot wide on the northern sides rises, by means of a ramp, to another thoroughfare called Rome Avenue, while the rest of the street proceeds downhill...

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