Appeal of County of Delaware

Citations

• 119 Pa. 159
• 13 A. 62
• 1888 Pa. LEXIS 537

Syllabus

<p>1. A bill filed to restrain public officers from proceeding in official acts, but without any averment that they are proceeding without lawful authority, is demurrable.</p> <p>2. The commissioners of a county cannot be controlled in the exercise of their discretion in the building of a county bridge, either in its size, its plan, or in the location of its piers or- abutments, at the instance of a private citizen.</p> <p>3. A land owner filed a bill to restrain the county commissioners from the erection of a new bridge, wholly within the lines of the old bridge and public roadway: Held, That as damages for whatever injuries were suffered, were within § 8, article XVI., of the constitution, and recover-able in an action at law, with sufficient security in the power of munici-pal taxation, the bill should be dismissed.</p> <p>4. Whether a county bridge, become unsafe by reason of decay, may be replaced by a new erection without the authority of the grand jury and Court of Quarter Sessions, the bill not being a tax-payer’s bill, not decided.</p>