Commonwealth v. Commissioners of Monroe County
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Monroe county. A rule was obtained in the court below upon the commissioners of Monroe county, to show cause why a' mandamus should not issue, commanding and requiring them to proceed forthwith to the repairing and re-constructing of the county bridge over Smith-field or Brodhead’s creek, at a place where the great road leading from Easton to Milford, crosses the same in Lower Smithfield township and county aforesaid.
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ERROR to the Common Pleas of Monroe county. A rule was obtained in the court below upon the commissioners of Monroe county, to show cause why a' mandamus should not issue, commanding and requiring them to proceed forthwith to the repairing and re-constructing of the county bridge over Smith-field or Brodhead’s creek, at a place where the great road leading from Easton to Milford, crosses the same in Lower Smithfield township and county aforesaid. This rule was founded on the petition and complaint and affidavit of D. Zimmerman and others to the Court of Common Pleas of the county of Monroe,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A review of our legislation from the year 1700 to the year 1836, as presented in the opinion of the court below, shows clearly that the powers of the county commissioners, in respect to bridges, were intended in all cases to be checked and guarded by the concurrent approbation and authority of the court and grand jury of the county. Involving, as these structures do, the outlay of large sums of money, to be collected by taxation on the people, it was intended that the expenditure should not be hastily incurred or by the will of a single…
2Cited by4 opinions
- County of Erie v. CommonwealthSupreme Court of Pennsylvania · 1889
- Whitmire v. Township of Muncy CreekSuperior Court of Pennsylvania · 1901
- Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907
- In Re: Bridge at Wilkes-BarreSuperior Court of Pennsylvania · 1926