Lamoreux v. County of Luzerne
Supreme Court of Pennsylvania
No. 31 January Term 1887, Sup. Ct.; court below, No. 48 June Term 1885. In tbe Court of Common Pleas a certificate from tbe Court of Quarter Sessions of an appeal on tbe part of E. B. Lamoreux from the report of viewers awarding him damages in the sum of $500 in the matter of the laying out of a public road in Jackson and Lehman townships, Luzerne county, was filed.
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No. 31 January Term 1887, Sup. Ct.; court below, No. 48 June Term 1885. In tbe Court of Common Pleas a certificate from tbe Court of Quarter Sessions of an appeal on tbe part of E. B. Lamoreux from the report of viewers awarding him damages in the sum of $500 in the matter of the laying out of a public road in Jackson and Lehman townships, Luzerne county, was filed. By agreement of parties tbe title of the cause was afterwards amended so as to read, E. B. Lamoreux v. The County of Luzerne, and on the same day motion was made to strike off the appeal for reasons filed. Subsequently on argument…
1Opinion of the Court
Per Curiam :
It is true a county is recognized as a municipal corporation under the constitution of 1874 and subsequent legislation, and in some cases it may take private property for public use. This road, however, was not taken by the county. The proceedings for taking the land for this road, were not instituted by the county nor under its authority. The county lias no ownership in the road, nor control over it. It is a public road or highway of the Commonwealth, which the township in which it is located is bound to keep in repair. The township and not the county is liable for damages caused…
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