Legal Opinion

New Holland Turnpike Co. v. Lancaster County

Supreme Court of Pennsylvania

Decided May 16, 1872PublishedCited by 10 opinions

Error to the Court of Common Pleas of Lancaster county: No. 49, to May Term 1872. This was an action of covenant commenced, September 29th 1869, in which The County of Lancaster was plaintiff and The New Holland Turnpike Company defendants.

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Error to the Court of Common Pleas of Lancaster county: No. 49, to May Term 1872. This was an action of covenant commenced, September 29th 1869, in which The County of Lancaster was plaintiff and The New Holland Turnpike Company defendants. The cause of action was the following instrument, dated June 3d 1868:— “ Whereas, at a stated meeting of the New Holland Turnpike Road Company, held on Friday, February 28th 1868, a resolution was passed agreeing to pay one-third part of all reasonable and proper costs of a bridge across Conestoga creek, on the line of the said turnpike, at a point known…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

The first question presented by the case stated is whether the report of the inspectors of the bridge fixing the valuation of the materials used in it and the cost of erecting the same at $11,000 is binding upon the plaintiff below. The agreement recited in the bond sued upon is that the New Holland Turnpike Road Company would pay one-third part of all reasonable and proper costs of a bridge across Conestoga creek, &c., and the condition of the bond is to the same effect, to pay or cause to be paid “ all proper and reasonable expenses…

2Cases cited3 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Dick v. GaskillSupreme Court of Pennsylvania · 1837
  3. Martin v. TaylorU.S. Circuit Court for the District of Pennsylvania · 1803

3Cited by10 opinions

  1. Foster v. PasserieuxSuperior Court of Pennsylvania · 1908
  2. United Mail Order, Warehouse & Retail Employees Union, Local 20 v. Montgomery Ward & Co.Appellate Court of Illinois · 1955
  3. Pennsylvania Co. for Insurances on Lives & Granting Annuities v. HarrSupreme Court of Pennsylvania · 1936
  4. Commonwealth v. FlowersSupreme Court of Pennsylvania · 1935
  5. Keating v. PeddrickSupreme Court of Pennsylvania · 1913

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