Commonwealth v. Dickey

Citations

• 262 Pa. 121
• 104 A. 870
• 1918 Pa. LEXIS 603

Syllabus

<p>Bridges — County bridges — Repair—Mandamus—Estoppel.</p> <p>In mandamus proceedings to compel county commissioners to rebuild a bridge which was destroyed by a flood, where the defense was that the bridge destroyed was not a county bridge, but where it clearly appeared that in 1836, the county commissioners after proper proceedings had erected a bridge at the point where the bridge was destroyed and had paid for the same out of the county rates and levies; that said bridge had been washed away by a flood in 1893 and another bridge had been erected by the county commissioners in its place, the latter being the bridge which had recently been destroyed, the fact that a record was missing which would conclusively show such bridge to be a county bridge was not material and the mandamus should have been awarded as prayed for.</p>