Andrus v. Shippen Township
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1908, by defendant, from judgment of.C. P. Cameron Co., July T., 1907, No. 2, on case stated in suit of Jacob Andrus v. Shippen Township. Case stated to determine liability for use of team in repairing roads.
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Appeal, No. 10, March T., 1908, by defendant, from judgment of.C. P. Cameron Co., July T., 1907, No. 2, on case stated in suit of Jacob Andrus v. Shippen Township. Case stated to determine liability for use of team in repairing roads. Before Hall, P. J. The case stated was in part as follows: Jacob Andrus, the plaintiff above named, is one of the road masters employed by the road supervisors of the said township of Shippen, defendant, under the provisions of an act. entitled: ‘An Act providing for the election and appointment of road, supervisors in the several townships, &c.,” approved April…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was a roadmaster appointed under the provisions of the Act of April 12, 1905, P. L. 142. He used his *?team for three days in the spring of 1907 in repairing roads in his district and upon the refusal of the supervisors to allow him compensation for the use of his team an amicable action was entered into to determine his right. It is not set forth in the case stated that the supervisors engaged the use of his team or in any way authorized its employment, nor that they even knew it was in use. The judgment of the court must be based upon facts agreed upon…
2Cases cited3 opinions
- Northampton County v. Easton Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Anderson v. Hamilton TownshipSupreme Court of Pennsylvania · 1855
- City of Chester v. Chester Traction Co.Superior Court of Pennsylvania · 1897
3Cited by1 opinion
- Kelly v. Urban Et Ux.Superior Court of Pennsylvania · 1939