Millcreek Township v. Reed
Supreme Court of Pennsylvania
Error, to tbe Court of Common Pleas of Erie county. This was an action against the township of Millcreek to recover damages for an injury to Mrs. Reed, happening to her on account of the upsetting of her carriage, caused by an obstruction in the highway. The Erie and Waterford Turnpike and Parade street, are two parallel roads, running south from the city of Erie, 2l7 rods apart.
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Error, to tbe Court of Common Pleas of Erie county. This was an action against the township of Millcreek to recover damages for an injury to Mrs. Reed, happening to her on account of the upsetting of her carriage, caused by an obstruction in the highway. The Erie and Waterford Turnpike and Parade street, are two parallel roads, running south from the city of Erie, 2l7 rods apart. The road on which the injury happened was, and had been a regularly laid out road since 1824. In 1846 the road commissioners of Millcreek township, upon a petition of citizens, • laid out and opened a new road…
1Opinion of the Court
The opinion of the court was delivered
by Lewis, C. J.
This was an action on the case brought by Cyrus *197Reed and Wife, for an injury occasioned to Mrs. Reed, by reason of an alleged road being out of repair. The township offered the proceedings of the road commissioners of Millcreek township, showing that a new road had been substituted for the one where the injury occurred, and that the latter had been vacated before the time of the injury. The court rejected the evidence on the ground that the commissioners had no authority to vacate the road. The 20th section of the Act of 13th April, 1843,…
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