County of Erie v. Commonwealth
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OK ERIE COUNTY. No. 366 January Term 1889, Sup. Ct.; court below, No. 50 May Term 1887, C. P. On February 27, 1887, the road commissioners of LeBoeuff township presented a petition in the name of the commonwealth setting forth that in 1836 proceedings were had in due conformity with the law, by which it was established that a county bridge was necessary over French creek at the crossing of the road from Waterford to Union; that said bridge…
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ERROR TO THE COURT OE COMMON PLEAS OK ERIE COUNTY. No. 366 January Term 1889, Sup. Ct.; court below, No. 50 May Term 1887, C. P. On February 27, 1887, the road commissioners of LeBoeuff township presented a petition in the name of the commonwealth setting forth that in 1836 proceedings were had in due conformity with the law, by which it was established that a county bridge was necessary over French creek at the crossing of the road from Waterford to Union; that said bridge had been duly constructed by the then county commissioners, and had been maintained ever since, the repairs in recent…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The duty to make repairs in a highway rests at common law on the township or other subdivision of the state on which the duty of opening and making the highway rests. The local road officers represent the district for which they are chosen, and must discharge the duty of opening and repairing the highways within it. Until the law-making power intervenes and separates the duty to open from that to repair, and imposes each upon different bodies or officers, the duty is one and rests on the officers of the township in which the road lies.
*207It will sometimes happen,…
2Cases cited2 opinions
- Commonwealth v. Commissioners of Monroe CountySupreme Court of Pennsylvania · 1841
- Howe v. Commissioners of Crawford CountySupreme Court of Pennsylvania · 1864
3Cited by7 opinions
- Heinlein v. Allegheny CountySupreme Court of Pennsylvania · 1953
- Pittsburg & West End Passenger Ry. v. Point Bridge Co.Supreme Court of Pennsylvania · 1894
- Whitmire v. Township of Muncy CreekSuperior Court of Pennsylvania · 1901
- Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907
- New Street Bridge Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921
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