Legal Opinion

Penn Township v. Perry County

Supreme Court of Pennsylvania

Decided May 24, 1875PublishedCited by 15 opinions

Error to the Court of Common Pleas of Perry county: Of May Term 1875, No. 25. _ _ To tbe August Term 1874, of the court below, an amicable action was entered between the township of Penn, plaintiff, and the county of Perry, defendants.

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Error to the Court of Common Pleas of Perry county: Of May Term 1875, No. 25. _ _ To tbe August Term 1874, of the court below, an amicable action was entered between the township of Penn, plaintiff, and the county of Perry, defendants. A case stated was filed in the action containing these facts :— On the 24th of March 1878, an Act of Assembly was passed enacting, that the commissioners of Dauphin and Perry counties be required to erect a public bridge over the Juniata river from a point on Duncan’s Island in Dauphin county to a point in Penn township, Perry county, &c., on the site and piers…

1Opinion of the CourtJustice Gordon

Under the provisions of the Act of the General Assembly of 1873, the bridge in question, over the Juniata river, was erected at the joint expense of Dauphin and Perry counties, and was fully completed, except that the space between the wing-walls, on the Perry county side of the river, was not filled in with earth or other material, so as to make the approach to the main superstructure possible. The question presented, in the case stated, for the solution of the court below, was whether the township or county was liable for the expense of this filling, so as to make the bridge accessible to…

2Cited by15 opinions

  1. Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
  2. Heinlein v. Allegheny CountySupreme Court of Pennsylvania · 1953
  3. Pittsburg & West End Passenger Ry. v. Point Bridge Co.Supreme Court of Pennsylvania · 1894
  4. Francis v. TownshipSupreme Court of Pennsylvania · 1897
  5. In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923

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