Winters v. Koontz
Superior Court of Pennsylvania
Appeal, No. 197, April T., 1915, by plaintiffs, from order of C. P. Somerset Co., May T., 1915, No. 31, dismissing petition for mandamus in case of William Winters, et al., Supervisors of Somerset Township, v. Jacob Koontz, et al., Commissioners of Somerset County. Petition for mandamus. Before Ruppel, P. J. The opinion of the Superior Court states the case. Error assigned was order dismissing the petition. cited Clarion County v. Clarion Twp., 36 Pa.
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Appeal, No. 197, April T., 1915, by plaintiffs, from order of C. P. Somerset Co., May T., 1915, No. 31, dismissing petition for mandamus in case of William Winters, et al., Supervisors of Somerset Township, v. Jacob Koontz, et al., Commissioners of Somerset County. Petition for mandamus. Before Ruppel, P. J. The opinion of the Superior Court states the case. Error assigned was order dismissing the petition. cited Clarion County v. Clarion Twp., 36 Pa. Superior Ct. 302; Clarion County v. Clarion Twp., 222 Pa. 350; Dickinson Twp. Road, 23 Pa. Superior Ct. 34. cited: Kelly v. Cumberland County,…
1Opinion of the Court
Opinion by
Kephart, J.,
In the opinion dismissing the petition of the supervisors of Somerset Township for a mandamus compelling the county commissioners to maintain and keep in repair an abandoned turnpike, the learned court below assumed as a fact that the road was an abandoned turn*136pike, and predicates its conclusion on the unconstitutionality of the Acts of April 20, 1905, P. L. 237, and April 25, 1907, P. L. 104. Prom an examination of the answer to the petition there is no definite denial that the road was not an abandoned turnpike. The fact that the supervisors may have worked on and kept…
2Cases cited5 opinions
- Borough of Mt. Joy v. Lancaster, Elizabethtown & Middletown Turnpike Co.Supreme Court of Pennsylvania · 1897
- Commonwealth v. BowmanSuperior Court of Pennsylvania · 1908
- Clarion County v. Clarion TownshipSupreme Court of Pennsylvania · 1908
- East White-Land Township v. Chester CountySupreme Court of Pennsylvania · 1912
- Clarion County v. Clarion TownshipSuperior Court of Pennsylvania · 1908
3Cited by5 opinions
- Lank v. HughesSupreme Court of Pennsylvania · 1961
- Com. ex rel. Walker v. Centre County Commissioners, Pennsylvania Court of Common Pleas, Centre County1927
- Commonwealth v. Clearfield County Commissioners, Pennsylvania Court of Common Pleas, Clearfield County1925
- Commonwealth v. Hibbs, Pennsylvania Court of Common Pleas, Westmoreland County1925
- Commonwealth v. White, Pennsylvania Court of Common Pleas, Westmoreland County1945