Commonwealth v. Dickey
Supreme Court of Pennsylvania
Appeal, No. 203, Jan. T., 1917, by plaintiffs, from order of C. P. Clinton Co., Oct. T., 1916, No. 77, refusing mandamus in case of Commonwealth of Pennsylvania ex relatione H. M. Counsil, District Attorney, v. Adam Dickey, James L. Kemmerer, and Robert Myers, Commissioners of Clinton County. Petition for mandamus. Before Hall, P. J. The opinion of the Supreme Court states the facts. The court refused the mandamus. Plaintiffs appealed.
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Appeal, No. 203, Jan. T., 1917, by plaintiffs, from order of C. P. Clinton Co., Oct. T., 1916, No. 77, refusing mandamus in case of Commonwealth of Pennsylvania ex relatione H. M. Counsil, District Attorney, v. Adam Dickey, James L. Kemmerer, and Robert Myers, Commissioners of Clinton County. Petition for mandamus. Before Hall, P. J. The opinion of the Supreme Court states the facts. The court refused the mandamus. Plaintiffs appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
This appeal is from the refusal of a writ of mandamus to compel the commissioners of Clinton County to rebuild a bridge Yfhich was swept away by a flood in 1913. The writ was denied because the court below was of opinion that the structure so destroyed was not a county bridge, and the appellees were, therefore, under no duty to rebuild it. The original construction of a county bridge is regulated by statute, and a county cannot be required to build it unless all statutory provisions are complied with: Railroad Company v. Lawrence County, 198 Pa. 1;…
2Cases cited5 opinions
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Vernon Township v. United Natural Gas Co.Supreme Court of Pennsylvania · 1917
- Commonwealth v. BakerSupreme Court of Pennsylvania · 1905
- Commonwealth v. BowmanSupreme Court of Pennsylvania · 1907
- Commonwealth Title Insurance & Trust Co. v. GrossSupreme Court of Pennsylvania · 1918
3Cited by7 opinions
- Tanenbaum v. D'AscenzoSupreme Court of Pennsylvania · 1946
- Conshohocken Boro. v. Pa. P.U.C.Superior Court of Pennsylvania · 1938
- In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923
- Conshohocken Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1939
- Union County v. Northumberland CountySupreme Court of Pennsylvania · 1924
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