Upper Merion Township v. Stewart

Smillie, J.,

The case herein arises on plaintiff’s motion for a new trial after a verdict for defendants in a trial before a judge without a jury.

The facts disclose that in October, 1960, the Pennsylvania Department of Highways notified Upper Merion Township that Henderson Road, a State highway in the township, would be reconstructed and widened from U. S. route 202 to Brownlie Road. The highway department told the township board of supervisors that it would construct and pay for a 32-foot cartway along Henderson Road, if no curbs were installed, and a 40-foot cartway with curbs if the…