Edge v. Commonwealth
Supreme Court of Pennsylvania
In error from the Quarter Sessions of Chester. Jan. 6, 7. — This was a writ of error to a judgment on an indictment against the plaintiffs in error, the first count of which averred that they were supervisors of the roads in East Cain, “duly elected by the qualified voters of the township,” and had taken upon themselves the duties of the office ; and that they neglected the duties of the office, and did not open and mend and repair, or cause to be opened and mended and…
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In error from the Quarter Sessions of Chester. Jan. 6, 7. — This was a writ of error to a judgment on an indictment against the plaintiffs in error, the first count of which averred that they were supervisors of the roads in East Cain, “duly elected by the qualified voters of the township,” and had taken upon themselves the duties of the office ; and that they neglected the duties of the office, and did not open and mend and repair, or cause to be opened and mended and repaired, the public roads, &c., to the common nuisance, &c. The second and third counts laid the offence to be the neglect,…
1Opinion of the CourtCoulter, J.
The first error assigned is that an indictment does not lie against supervisors of highways who refuse or neglect to open, amend, and repair public roads. But the court are very clear in their judgment that there is nothing in any act of Assembly which displaces this remedy. Not opening a highway, or refusing and neglecting to keep it in repair, is an injury to the public, and is indictable as a public or common nuisance; 3 Penna. ’ Rep. 502. The supervisor is enjoined by statute to open and repair roads; and it is essential to the convenience of the public that the remedy to enforce…
2Cited by10 opinions
- Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
- Road in Roaring Brook TownshipSupreme Court of Pennsylvania · 1891
- State v. SchipperIndiana Supreme Court · 1923
- Commonwealth v. WhiteSuperior Court of Pennsylvania · 1904
- Commonwealth v. HollandSupreme Court of Pennsylvania · 1893
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