Commonwealth v. Kessler

Citations

• 222 Pa. 32
• 70 A. 941
• 1908 Pa. LEXIS 653

Syllabus

<p>Bridges — County bridges — Maintenance of bridge — Vacation of road on one side of stream.</p> <p>A county cannot be required to erect a bridge over a stream unless the stream crosses a public road or highway.</p> <p>Where under a misapprehension of facts a bridge is erected by a county across a stream within the limits of a city at a point where a public street extends only to the bank of' the stream without any extension thereof on the other side, but thereafter an extension of the street on the other side is opened, the county will be liable after the opening of the extension for the maintenance of the bridge; but if the older or original portion of the street is vacated and closed, so that there is no continuous street across the stream, the liability of the county for the maintenance of the bridge ceases.</p> <p>Mandamus — Right of relator.</p> <p>Mandamus goes out only where there is a clear legal right in the relator and a corresponding duty upon the defendant.</p>