Legal Opinion

Commonwealth v. Kessler

Supreme Court of Pennsylvania

Decided June 2, 1908No. Appeal, No. 75PublishedCited by 8 opinions

Appeal, No. 75, Jan. T., 1908, by plaintiff, from order of C. P. York Co., Jan. T., 1908, No. 66, refusing mandamus in case of Commonwealth ex rel. James G. Glessener, District Attorney of York County, v. Robert G. Kessler, Emanuel Hartman and George W. Holtzinger, Commissioners of York County. Petition for mandamus. Before Bittenger, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal of mandamus.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The situation in this case is somewhat anomalous. In 1892 proceedings were instituted in the court of quarter sessions of York county for the erection of a bridge by the county of York over the Codorus creek at a point where it was alleged in the petition asking for the appointment of viewers, “ College avenue, a public highway in the city of York, crosses the same.” Yiewers were appointed, who reported in favor of the bridge and that it would require more expense than it was reasonable the city of York should bear. This report ivas subsequently approved by a grand…

2Cases cited1 opinion

  1. Commonwealth v. Fitler, Pennsylvania Court of Common Pleas, Philadelphia County1890

3Cited by8 opinions

  1. Homan v. MacKeySupreme Court of Pennsylvania · 1928
  2. Underwood v. GendellSupreme Court of Pennsylvania · 1910
  3. Commonwealth v. HamiltonSuperior Court of Pennsylvania · 1922
  4. Hamilton v. JohnsonSupreme Court of Pennsylvania · 1928
  5. Commonwealth v. RogersSuperior Court of Pennsylvania · 1915

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