Legal Opinion

Phillips v. Commonwealth

Supreme Court of Pennsylvania

Decided February 2, 1863PublishedCited by 12 opinions

Certiorari to Quarter Sessions of Schuylkill county. At June Sessions 1860, the following indictment was preferred against Robert Phillips: — “ The grand inquest inquiring, &c., do present: That by an act of the legislature of the commonwealth of Pennsylvania, approved the 19th day of January, A. D. 1860, ‘it is provided that the supervisor of the township of New Castle, in the county of Schuylkill, should let at public sale the making and repairing of the public roads in…

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Certiorari to Quarter Sessions of Schuylkill county. At June Sessions 1860, the following indictment was preferred against Robert Phillips: — “ The grand inquest inquiring, &c., do present: That by an act of the legislature of the commonwealth of Pennsylvania, approved the 19th day of January, A. D. 1860, ‘it is provided that the supervisor of the township of New Castle, in the county of Schuylkill, should let at public sale the making and repairing of the public roads in the said township to the lowest bidder in each year.’ “ That on the 31st day of March, in the year aforesaid, a public…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

Neglect to keep in repair the public roads in any municipal district, is a violation of a public duty, and is punishable by indictment at common law. Generally, the duty of making the roads as well as repairing them rests upon the county or parish. With us it is imposed by law in most cases upon the supervisors of townships, and hence they are indictable if there be a failure to perform it. Sometimes in England the duty rests upon individuals by reason of tenure or prescription, or possibly act of Parliament. In such cases such individuals…

2Cited by12 opinions

  1. Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
  2. Commonwealth v. RomesburgSuperior Court of Pennsylvania · 1927
  3. Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
  4. Commonwealth v. SpeiserSuperior Court of Pennsylvania · 1922
  5. Commonwealth v. BatchSuperior Court of Pennsylvania · 1935

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