Legal Opinion

Brislin v. Hendershot

Superior Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 53PublishedCited by 1 opinion

Appeal, No. 53, March T., 1917, by defendant, from order of C. P. Luzerne Co., June T., 1916, No.' 378, awarding mandamus in case of John F. Brislin v. Fuller R. Hendershot, Controller of Luzerne Co. Petition for mandamus to compel approval of claim for wages for repairing county roads. The opinion of the Superior Court states the case. Error assigned was order awarding mandamus.

1Opinion of the Court

Opinion by

Kephart, J.,

The commissioners of Luzerne County employed Brislin as a day laborer to repair a county highway. They fixed his compensation and later approved his bill for services, which the controller refused to honor, for the reason that the salary board of that county did not fix and determine “the number and compensation of the employees” of the highway department as provided by the Act of April 4,1907, P. L. 58.

*537Without discussing the scope of this act, the Act of May 11,1911, P. L. -244, provides an extensive system for the development, construction and care of county roads. It…

2Cited by1 opinion

  1. Bono v. KrommesSuperior Court of Pennsylvania · 1963

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