Commonwealth v. Newton Township

Opinion by

Mr. Justice Kephart,

Section 5 of the Act of May 31, 1911, P. L. 468, applying to highways taken over by the State, transfers to the latter the benefit of all rights a township may have in any agreement! with a company using such highway, the terms of which require its maintenance. The agreement in this case, between the traction company and Newton Township, was based on “permission” to build and operate a railway on the township road. This privilege was granted on the following terms and conditions: first, the railway company to pay $1,000 on the execution *175of the agreement, and,…