Baker v. County of Warren

Citations

• 11 Pa. Super. 170
• 1899 Pa. Super. LEXIS 123

Syllabus

<p>Forest fires — Compensation for extinction — Act of 1897 — Defective title.</p> <p>The owner of timber land, or one engaged in a lumbering operation, upon whose possessions a forest fire has originated, cannot by calling in the constable east the burden of the expense of extinguishing the fire upon the county. Such is not the purport or intent of the Act of March 30, 1897, P. L. 9 ; if it were the title would be defective. Whether, if by fair construction the compensation clause be confined to the constable and those who rendered, services pursuant to and because of his request and command, and, who otherwise, would have no interest and would be under no duty or obligation to render them, the act is void by reason of defectiveness of title, not decided.</p>