Commonwealth v. Baker

Citations

• 212 Pa. 230
• 61 A. 910
• 1905 Pa. LEXIS 590

Syllabus

<p>Bridges—County bridges—Act of June 13, 1836, P. L. 551—Practice— Mandamus.</p> <p>The erection of county bridges is regulated by statute, and all of the statutory provisions must be strictly complied with in order to make the proceeding effective and place the burden on the county. This is especially true when it is sought to compel the county commissioners by mandamus to construct the bridge at the expenses of the taxpayers.</p> <p>In such proceedings it is not only necessary to have the concurrence of the grand jury, the court and the county commissioners, but the concurrence of all three bodies' must be reasonably continuous. If it appears that there was an interval from the filing of the petition to the concurrence of the county commissioners of more than four years a mandamus will not be granted, inasmuch as the proceedings were not reasonably continuous within the provision of the act and the law announced by the courts. If the record also shows that a former board of county commissioners had refused to concur, there is all the more reason for denying the writ of mandamus. York County v. Smyser, 72 Pa. 24, distinguished.</p>