Commonwealth v. N. Y. Etc. R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP VENANGO COUNTY. No. 164 October Term 1890, Sup. Ct.; court below, number and term not given.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP VENANGO COUNTY. No. 164 October Term 1890, Sup. Ct.; court below, number and term not given. On April 27,1887, upon the petition of W. C. Tyler and others, road commissioners of Cornplanter township, a rule was issued upon the New York, Pennsylvania & Ohio Railroad Company, to show cause why a mandamus should not issue requiring said company to reconstruct a certain public highway generally known as the Franklin and Oil City road, between Reno and Oil City, in said township. The rule was served upon M. C. Flower, “agent in the office of”…
1Opinion of the Court
Peb Cubiam:
While both the record and the paper-books in this case are voluminous, we find little in either that requires discussion. The motion to quash was properly refused. The consent of the attorney general was not necessary to the commencement of the proceedings. It was sufficient that they were instituted by the road commissioners acting in their official capacity. So much was said in Whitemarsh Tp. v. Railroad Co., 8 W. & S. 365. Nor, have we any doubt as to the jurisdiction. The pleadings establish all the facts necessary to give the Common Pleas of Venango county jurisdiction, and we…
2Cases cited1 opinion
- Whitemarsh Township v. Philadelphia, Germantown & Norristown RailroadSupreme Court of Pennsylvania · 1845
3Cited by1 opinion
- Commonwealth v. Railway Co.Superior Court of Pennsylvania · 1900