Commonwealth v. Ball

Opinion by

Mr. Justice Kephart,

Appellee instituted mandamus proceedings against the commissioners of Susquehanna County to compel the maintenance, repair and improvement of parts of an abandoned turnpike known as the Lackawanna Trail, largely used for the accommodation of the traveling public. The mandamus was resisted for the following reasons: (a) it did not appear the abandoned turnpike had been sufficiently identified and distinguished from other roads in the county, so that claims paid on account *304of it might be fully protected under the law; (b) by the Act of 1907, the legislature did not…