Commonwealth v. Baker
Supreme Court of Pennsylvania
Appeal, No. 60, Jan. T., 1905, by plaintiff, from order of C. P. Bedford Co., Sept. T., 1904, No. 273, refusing mandamus in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, upon the petition of D. C. Cypher, M. W. Ford and Daniel Cypher v. S. S. Baker, Robert 0. Smith and George H. Appleman, Commissioners of Bedford County. Petition for mandamus. Before Woods, P. J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 60, Jan. T., 1905, by plaintiff, from order of C. P. Bedford Co., Sept. T., 1904, No. 273, refusing mandamus in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, upon the petition of D. C. Cypher, M. W. Ford and Daniel Cypher v. S. S. Baker, Robert 0. Smith and George H. Appleman, Commissioners of Bedford County. Petition for mandamus. Before Woods, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing writ of mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The appellants seek to compel by mandamus the commissioners of Bedford county to erect a new bridge at the cost of the county. The petitioners rely upon the following facts to sustain the writ prayed for:
The viewers appointed to view and report on the necessity for the erection of the bridge were appointed March 25, 1897, and filed their report in court on April 19, 1897, in which the necessity of the bridge is found to exist, and that the expense of the erection of the same would be more burdensome than the township in which it was located could reasonably bear.…
2Cases cited4 opinions
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Commissioners of York County v. Commonwealth ex rel. SmyserSupreme Court of Pennsylvania · 1872
- Long v. LaufmanSupreme Court of Pennsylvania · 1828
- Pequea Creek BridgeSupreme Court of Pennsylvania · 1871
3Cited by12 opinions
- Green v. Okanogan CountyWashington Supreme Court · 1910
- Tanenbaum v. D'AscenzoSupreme Court of Pennsylvania · 1946
- Fayette County Commissioners' PetitionSupreme Court of Pennsylvania · 1927
- Mmonwealth Ex Rel. v. SchmidtSupreme Court of Pennsylvania · 1926
- W'msport v. W'msport W. Co.Supreme Court of Pennsylvania · 1930
7 more not listed; retrieve them via the Exa API.