Legal Opinion

Bridge Over Smithfield Creek

Supreme Court of Pennsylvania

Decided April 3, 1841PublishedCited by 6 opinions

Certiorari to the Quarter Sessions of Monroe County, to remove the proceedings in the matter of the petitions for building’ bridges over Smithfield creek, at the places where the road from Easton to Milford, and the road from the'Easton and Milford road to Stroudsburg cross the said‘creek, in Smithfield township, in the county of Monroe. The facts were as follows.

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Certiorari to the Quarter Sessions of Monroe County, to remove the proceedings in the matter of the petitions for building’ bridges over Smithfield creek, at the places where the road from Easton to Milford, and the road from the'Easton and Milford road to Stroudsburg cross the said‘creek, in Smithfield township, in the county of Monroe. The facts were as follows. A bridge was erected over Smithfield creek, where the public road leading from Easton to Milford crosses the same, by the commissioners of Northampton county, in pursuance of the order and decree of the Court of Quarter Sessions of…

1Opinion of the Court

' The opinion of the court was delivered by

Sergeant, J.—

1. The first of these exceptions seems inapplicable to the facts of the case. The bridge in question is a new one, to be built at neither of the- former sites, but about equidistant from each. The county commissioners might, perhaps, be bound to repair the former county bridge, (though as to that we give no opinion,) and yet they might also, under the provisions of the act of assembly, with the approbation of the court and grand jury, build as many new bridges over the creek as should be found expedient. There is nothing in the act of…

2Cited by6 opinions

  1. In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923
  2. Bedford BridgeSupreme Court of Pennsylvania · 1872
  3. Heidelberg Township RoadSupreme Court of Pennsylvania · 1864
  4. Schuylkill County's AppealSupreme Court of Pennsylvania · 1879
  5. Schuylkill County's AppealSupreme Court of Pennsylvania · 1879

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