Legal Opinion

Kuss's Case

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 42Published

Appeal, No. 42, March T., 1915, by Hanover Township Commissioners, from order of Q. S. Luzerne Co., Nov. Sessions, 1914, No. 367, directing contract as to township roads In re Petition of Prank Kuss. Petition to require the commissioners of Hanover Township to enter into a contract with petitioner for the making, mending and repairing of the public highway and bridges of the townships.

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Appeal, No. 42, March T., 1915, by Hanover Township Commissioners, from order of Q. S. Luzerne Co., Nov. Sessions, 1914, No. 367, directing contract as to township roads In re Petition of Prank Kuss. Petition to require the commissioners of Hanover Township to enter into a contract with petitioner for the making, mending and repairing of the public highway and bridges of the townships. The court made the following order: Now, December 31,1914, upon due hearing of this petition and the objections thereto by the court in banc, on evidence and argument, the judges who heard the same do not find…

1Opinion of the Court

Opinion by

Trexler, J.,

The Act of June 12, 1893, P. L. 451, enables one or more taxpayers of a township or road district to contract for the making, at his or their own expense,, of the roads of said township, and the supervisors or road commissioners are thereby relieved of the necessity of collecting any road tax for road purposes therein. The act was declared constitutional in Lehigh Valley Coal Co.’s App., 164 Pa. 44. The Act of April 28,1899, P. L. 104, divided the townships of the Commonwealth into two classes and conferred certain powers in regard to roads upon the commissioners of…

2Cases cited4 opinions

  1. Lehigh Valley Coal Co.'s AppealSupreme Court of Pennsylvania · 1894
  2. Philadelphia & Reading Coal & Iron Company's PetitionSupreme Court of Pennsylvania · 1901
  3. Philadelphia v. ScipleSuperior Court of Pennsylvania · 1906
  4. McKeown's PetitionSuperior Court of Pennsylvania · 1912

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