Commonwealth Ex Rel. Reno v. Berryman

Opinion by

Mr. Justice Maxey,

This is an appeal from the order of the court below, sustaining the questions of law raised by an affidavit of defense filed in a suit by the Commonwealth to recover $390 which was the cost to the Department of Highways of removing a frame building from the right-of-way of relocated route #62096 in Blair Township, Washington County. This action was brought under section 16 of the Highway Law of May 31, 1911, P. L. 468 (36 P. S. 171), hereinafter referred to as section 16. That section has been frequently amended, and the appellees contend that the 1935 and 1937…