Luzerne County v. Department of Highways

Smith, J.,

We have before us preliminary objections in the nature of a demurrer to a complaint in an action of mandamus. The question presented by the pleadings is whether a certain bridge in Luzerne County crossing the Susquehanna River and connecting a borough street with a township road was, on January 25, 1944, a county highway.

The determination of this issue involves the interpretation of the Act of May 28,1943, P. L. 796, in force January 25, 1944, entitled “An Act establishing as state highways, certain county highways and requiring their construction, repair and maintenance as such”.1

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