Borough of Uniontown v. Commonwealth ex rel. Veech
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was a mandamus issued, at the relation of David Veech, against the Borough of Uniontown, and its officers, commanding them to repair a part of Main street in the said borough. To the alternative mandamus, the following return was made by the respondents:— “ To the Honourable the Judges of the Court of Common Pleas of the county of Fayette.
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Error to the Common Pleas of Fayette county. This was a mandamus issued, at the relation of David Veech, against the Borough of Uniontown, and its officers, commanding them to repair a part of Main street in the said borough. To the alternative mandamus, the following return was made by the respondents:— “ To the Honourable the Judges of the Court of Common Pleas of the county of Fayette. “The answer of Daniel Smith, president, Richard Miller, James T. Redburn, F. C. Robinson, Charles II. Beesom, Rice G. Ilopwood, John Collins, Redding Bunting, and Isaac Skiles, Jr., members of the town…
1Opinion of the Court
*296The opinion of the court was delivered by
Lowrie, C. J.
We are of opinion that this borough is bound for the duty which the relator complains of as neglected, and that he shows good title to complain. Of common right, the borough is bound to keep its streets in repair. There was, for awhile, a substituted conservator of Main street, because it was part of the National Road. When and in so far as that has failed, the primary and principal duty of the borough is revived. The return does not deny that the repair is needed, and does not aver that there is any other functionary who has funds in his…
2Cited by3 opinions
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