Commonwealth v. Reiter
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Lycoming county: No. 258, to January Term 1874. On the 27th of January 1873, an indictment was found against John Reiter and Peter Mulvey, supervisors of Cascade township, Lycoming county, for refusing to open a public road.
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Certiorari to the Court of Quarter Sessions of Lycoming county: No. 258, to January Term 1874. On the 27th of January 1873, an indictment was found against John Reiter and Peter Mulvey, supervisors of Cascade township, Lycoming county, for refusing to open a public road. The indictment was :— That, by an Act of Assembly of April 17th 1869, to authorize “ the laying out a certain road in Lycoming, Sullivan and Bradford counties,” it was enacted :— Sect. 1. That certain commissioners named in the bill should lay out a state road from the inclined plane of Barclay railroad in Bradford county, to…
1Opinion of the CourtJustice Mercur
Several special matters were alleged in the demurrer. As the *165court filed no opinion, we are not informed on which the demurrer was sustained.
That supervisors are liable to indictment for neglecting to open a public highway duly laid out in their respective townships, is well settled: Grafins et al. v. Commonwealth, 3 Penna. R. 502; Edge v. Same, 7 Barr 275; Phillips v. Same, 8 Wright 197.
1. The indictment recites at length the Acts of Assembly of 17th April 1869, and of 24th March 1873, which give the power and direct the manner of laying out this public road. It avers a due execution of that…
2Cited by5 opinions
- Commonwealth v. KirkSuperior Court of Pennsylvania · 1940
- Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1890
- Com. ex rel. Ballou v. Halifax Township Supervisors, Pennsylvania Court of Common Pleas, Dauphin County1926
- Commonwealth v. NeffClearfield County Court of Quarter Sessions · 1921