Legal Opinion

State Highway Commissioner v. Chambersburg & Bedford Turnpike Co.

Supreme Court of Pennsylvania

Decided June 27, 1913No. Appeal, No. 30PublishedCited by 9 opinions

Appeal, No. 30, May T., 1918, by' defendant, from decree of Q. S. Fulton Co., Jan. Sess., 1913, No. 1, dismissing exceptions and ordering filing of declaration of state highway commissioner in case of State Highway Commissioner v. The President and Managers of the Chambersburg and Bedford Turnpike Hoad Company. Proceedings to condemn a turnpike road under the Act of May 31,1911, P. L. 468. Before Swope, P. J. The opinion of the Supreme Court states the case.

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Appeal, No. 30, May T., 1918, by' defendant, from decree of Q. S. Fulton Co., Jan. Sess., 1913, No. 1, dismissing exceptions and ordering filing of declaration of state highway commissioner in case of State Highway Commissioner v. The President and Managers of the Chambersburg and Bedford Turnpike Hoad Company. Proceedings to condemn a turnpike road under the Act of May 31,1911, P. L. 468. Before Swope, P. J. The opinion of the Supreme Court states the case. The state highway commissioner, under the authority of the Act of May 31,1911, and the amendment thereto of April 11, 1913, P. L. 59,…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The appellant states two questions involved for our *173consideration: First, “The Commonwealth of Pennsylvania by the Act of May 31, 1911, P. L. 168, entitled ‘An act providing for the establishment of a state highway department, etc.,’ designates certain main traveled roads and state highways, and commits the maintenance of them to the state highway department. Does this act violate Article III, Section 7, of the Constitution?”

The act in question is one of the most important pieces of legislation that has been placed upon the statute books of this State; its…

2Cases cited10 opinions

  1. Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
  2. McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
  3. Appeal of the City of Scranton School DistrictSupreme Court of Pennsylvania · 1886
  4. Appeal of County of DelawareSupreme Court of Pennsylvania · 1888
  5. Frost v. CherrySupreme Court of Pennsylvania · 1888

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3Cited by9 opinions

  1. Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
  2. Henderson v. Delaware River Joint Toll Bridge CommissionSupreme Court of Pennsylvania · 1949
  3. Com. of Pa. v. StephensSuperior Court of Pennsylvania · 1933
  4. Tusso v. SmithSupreme Court of Delaware · 1960
  5. Tusso v. SmithCourt of Chancery of Delaware · 1959

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