Township of Sugar Creek v. Erie Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 151, Oct. T., 1913, by plaintiff, from judgment of O. P. Venango Co., August T., 1912, No. 28, on judgment n. o. v. for defendant in case of the Township of Sugar Creek v. Erie Railroad Company. Assumpsit for cost of constructing road. Before Criswell, P. J. The opinion of the Supreme Court states the facts. Error assigned was in entering judgment non obstante veredicto for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action of assumpsit, the Township of Sugar Creek sought to recover from the defendant company the amount which it had expended in relocating and reconstructing a public road. In its statement of claim plaintiff sets forth that within the limits of the plaintiff township there was a public road extending along the west bank of the Allegheny river from Two Mile Run to Oil City which the township was bound to keep open and in repair and safe and suitable for public iise and travel; that defendant owned and operated a steam railroad also extending along the…
2Cases cited1 opinion
- Commonwealth v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1906
3Cited by2 opinions
- Luzerne Township v. Monongahela Railways Co.Supreme Court of Pennsylvania · 1931
- Port Vue Borough v. Pittsburgh, &c., Railroad, Pennsylvania Court of Common Pleas, Alleghany County1928