Commonwealth v. Bowman
Supreme Court of Pennsylvania
Appeal, No. 87, Jan. T., 1907, by plaintiff, from decree of O. P. Cumberland Co., Sept. T., 1906, No. 244, sustaining demurrer to answer in case of Commonwealth ex rel. T. Ralph Jacobs, District Attorney of Cumberland County, on Petition of Jacob Musser, J. H. Lantz and Howard Hess, Supervisors of East Pennsborough Township v. J. Yan Bowman, J. H. Bowman and Lewis C. Faber, Commissioners of Cumberland County. Petition for mandamus.
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Appeal, No. 87, Jan. T., 1907, by plaintiff, from decree of O. P. Cumberland Co., Sept. T., 1906, No. 244, sustaining demurrer to answer in case of Commonwealth ex rel. T. Ralph Jacobs, District Attorney of Cumberland County, on Petition of Jacob Musser, J. H. Lantz and Howard Hess, Supervisors of East Pennsborough Township v. J. Yan Bowman, J. H. Bowman and Lewis C. Faber, Commissioners of Cumberland County. Petition for mandamus. Before Sadler, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was in sustaining demurrer to answer.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is a proceeding by mandamus to compel the commissioners of Cumberland county to erect a county bridge over Conodoguinet creek in East Pennsborough township. The petition for the writ avers, inter alia, as follows: that certain citizens of Cumberland county presented their petition to the quarter sessions .of said county setting forth that a bridge over Conodoguinet creek in said township was necessary ; that the expense of erecting the bridge would be burdensome upon the inhabitants of the township and more than it was reasonable that the township should…
2Cases cited2 opinions
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- City of Philadelphia v. CollinsSupreme Court of Pennsylvania · 1871
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- Commonwealth v. DickeySupreme Court of Pennsylvania · 1918
- In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923
- Union County v. Northumberland CountySupreme Court of Pennsylvania · 1924
- City of Jeannette v. Shope, Pennsylvania Court of Common Pleas, Westmoreland County1974