Borough of Mt. Joy v. Lancaster, Elizabethtown & Middletown Turnpike Co.
Supreme Court of Pennsylvania
Appeal, No. 398, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1892, No. 44, on verdict for plaintiff. Assumpsit to recover tbe costs of repairs of a turnpike road in a borougb. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $3,402.04. Defendant appealed. Error assigned was above instruction.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This action of assumpsit, to recover the cost of repairing defendant company’s turnpike within the limits of plaintiff borough, is grounded solely on the Act of May 24, 1871, P. L. 1096, the constitutionality of which is assailed by the defendant. If it is successful in that contention, which is its main ground of defense, this action fails and other questions raised by the record become unimportant.
The defendant company, incorporated by the Act of March 5, 1804, P. L. 131, owns and operates a turnpike road extending westerly from Lancaster through…
2Cases cited4 opinions
- In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- In re Borough of PottstownSupreme Court of Pennsylvania · 1888
- Ridge Ave. Pass. Ry. Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1889
3Cited by18 opinions
- Provident Life & Trust Co. v. HammondSupreme Court of Pennsylvania · 1911
- Dailey v. Potter CountySupreme Court of Pennsylvania · 1902
- Commonwealth v. BellSupreme Court of Pennsylvania · 1926
- Rockhill Iron & Coal Co. v. Fulton CountySupreme Court of Pennsylvania · 1902
- In re Condemnation by the Commonwealth, Department of TransportationSupreme Court of Pennsylvania · 1986
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