Legal Opinion

Mechanicsburg Borough v. Gray

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 3PublishedCited by 2 opinions

Appeal, No. 3, March T., 1915, by plaintiff, from judgment of C. P. Cumberland Co., Feb. T., 1910, No. 124, for defendants on case stated in suit of Mechanicsburg Borough v. John Gray (Foreman), E. N. Peckert (Asst. Foreman), Charles Base-bore, et al., employees of the Cumberland Valley Railroad Company. Appeal from judgment of chief burgess of Mechanics-burg.

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Appeal, No. 3, March T., 1915, by plaintiff, from judgment of C. P. Cumberland Co., Feb. T., 1910, No. 124, for defendants on case stated in suit of Mechanicsburg Borough v. John Gray (Foreman), E. N. Peckert (Asst. Foreman), Charles Base-bore, et al., employees of the Cumberland Valley Railroad Company. Appeal from judgment of chief burgess of Mechanics-burg. Prom the case stated it appeared that the facts were as follows: The plaintiff is a borough, incorporated by an act of the legislature, approved the 12th day of April, 1828, and by due action became subject to the General Borough Act of…

1Opinion of the Court

Opinion by

Orlady, J.,

The appellant’s challenge is to the jurisdiction of the Court of Common Pleas, to allow and consider an appeal from the judgment entered by the chief burgess of the plaintiff borough. The action was instituted by the chairman of the highway committee On an information under his oath, and is entitled, a summary conviction proceedings before the chief burgess. The charge was— digging up and tearing up North Chestnut street, within *99the confines of the borough, without obtaining a written permit from the chief burgess, in violation of ordinance No. 80, of the borough, and for…

2Cases cited14 opinions

  1. Thompson v. PrestonSuperior Court of Pennsylvania · 1897
  2. Scranton Gas & Water Co. v. Scranton CitySupreme Court of Pennsylvania · 1906
  3. Commonwealth v. McCannSupreme Court of Pennsylvania · 1896
  4. Ackerman v. City of WilliamsportSupreme Court of Pennsylvania · 1910
  5. McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885

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3Cited by2 opinions

  1. Commonwealth v. MorrisFayette County Court of Quarter Sessions · 1922
  2. Commonwealth v. Rockowitz, Pennsylvania Court of Common Pleas, Lehigh County1958

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