Township of North Middleton v. Weary
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1922, by defendant, from judgment of C. P. Cumberland Co., Dee. T., 1920, No. 110, on verdict for plaintiff in the case of Township of North Middleton ex rel. James Machlin v. Wilson P. Weary. Action for a penalty for violation of duty as a supervisor of roads, acting as a roadmaster under section 236 of Act of July 14, 1917, P. L. 866. Before Maust, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 2, March T., 1922, by defendant, from judgment of C. P. Cumberland Co., Dee. T., 1920, No. 110, on verdict for plaintiff in the case of Township of North Middleton ex rel. James Machlin v. Wilson P. Weary. Action for a penalty for violation of duty as a supervisor of roads, acting as a roadmaster under section 236 of Act of July 14, 1917, P. L. 866. Before Maust, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict against the defendant in the sum of $1 and judgment was entered thereon. Defendant appealed. Error assigned, among others, was…
1Opinion of the Court
Opinion by
Keller, J.,
The appellant is one of the supervisors of North Middleton Township, Cumberland County. He was proceeded against before a justice of the peace under the provisions of sections 236 and 240 of the Township Code (Act of July 14, 1917, P. L. 840), for failure to keep a public highway within said township in repair and free of obstructions. He defended on the ground that the highway was a county road, the care and maintenance of which rested upon the county commissioners. Judgment was entered against him for a penalty of one dollar. On appeal to the court of common pleas, the…
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