Legal Opinion

East White-Land Township v. Chester County

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal No. 151PublishedCited by 4 opinions

Appeal No. 151, Jan. T., 1911, by plaintiff from order of C. P. Chester Co., Jan. T., 1910, No. 36, refusing to take off non-suit in case of East Whiteland Township v. Chester County. Assumpsit to recover $3,448.24, representing the cost of repairing a turnpike road, partly abandoned and partly condemned. Before Butler, J. At the trial the court entered a compulsory non-suit which it subsequently refused to take off. Error assigned was in refusing to take off non-suit.

1Opinion of the Court

Per Curiam,

This was an action of assumpsit brought by the Township of East Whiteland to recover from the County of Chester the cost of repairs made by the township on that part of the Philadelphia and Lancaster Turnpike in East Whiteland Township that had been partly abandoned and partly condemned. The court below properly entered a non-suit. Whether the former turnpike should be kept in repair by the state or the county or a municipal division thereof was clearly a matter for legislative determination. The Act of April 25, 1907, P. L. 104, imposed on the county the duty to repair and…

2Cited by4 opinions

  1. Winters v. KoontzSuperior Court of Pennsylvania · 1915
  2. Somerset Township Supervisors v. Somerset County CommissionersSupreme Court of Pennsylvania · 1915
  3. Commonwealth v. Hibbs, Pennsylvania Court of Common Pleas, Westmoreland County1925
  4. Lancaster County Commissioners' PetitionLancaster County Court of Quarter Sessions · 1924

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