Blew v. Ryan Township

Citations

• 42 Pa. Super. 510
• 1910 Pa. Super. LEXIS 368

Syllabus

<p>Road law — Supervisors—Repair of road — Contract.</p> <p>1. A person cannot recover the cost of'removing a tree which had fallen across a highway, or for the removal of snow from the same, unless he shows an express contract with the supervisors. The mere fact that one of the supervisors had told him that when he saw anything wrong with the highway in his neighborhood to repair or remedy it, and he would be paid, is not a sufficient basis for a claim against the township for compensation for the work in question.</p> <p>2. The duties and powers of township supervisors in making and repairing the public highways are discretionary or quasi judicial. It is for them to decide what materials are to be used, and how and when, and where they are to be used. These powers cannot be delegated to others.</p> <p>3. In an action against a township where the plaintiff is claiming compensation for removing a tree which had fallen across a highway, and has named a sum which is apparently excessive, the township may show by a witness who had experience in such work how much it would be worth to cut a section out of the fallen tree and remove it from the road.</p>