Legal Opinion

Manchester Township Supervisors v. Wayne County Commissioners

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 302PublishedCited by 9 opinions

Appeal, No. 302, Jan. T., 1916, by defendants, from order of C. P. Wayne Co., June T., 1916, No. 26, awarding mandamus, in case of The Supervisors of Manchester Township v. The Commissioners of Wayne County. Petition for mandamus. Before Searle, P. J. The opinion of the Supreme Court states the facts. The court on final hearing awarded the mandamus as prayed for. Defendants appealed.

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Appeal, No. 302, Jan. T., 1916, by defendants, from order of C. P. Wayne Co., June T., 1916, No. 26, awarding mandamus, in case of The Supervisors of Manchester Township v. The Commissioners of Wayne County. Petition for mandamus. Before Searle, P. J. The opinion of the Supreme Court states the facts. The court on final hearing awarded the mandamus as prayed for. Defendants appealed. Error assigned was in. awarding the mandamus. —It was the duty of the defendants to repair the road in question. The Acts of April 20, 1905, P. L. 237, and April 25, 1907, P. L. 104, were not revived by the…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

In 1898 the County of Wayne, by proceedings instituted under the Act of June 2, 1887, P. L. 306, which provides for the taking over by counties of turnpike roads, or such parts of them as lay within their respective limits, and freeing the same from tolls, appropriated the Little Equinunk and Union Woods Turnpike Road, which had been constructed through Manchester Township in said county. From that time to the present this turnpike road has been used and maintained as a township road by Manchester Township, free of tolls. In 1916, the supervisors of the township…

2Cited by9 opinions

  1. Gallegos v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
  2. Commonwealth ex rel. Schrier v. RugglesSupreme Court of Pennsylvania · 1924
  3. County of Ventura v. BarryCalifornia Supreme Court · 1927
  4. In re WilliamsonWashington Supreme Court · 1921
  5. Brown v. DeckIdaho Supreme Court · 1944

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