Commonwealth v. M. O. Loomis

Citations

• 128 Pa. 174
• 18 A. 335
• 1889 Pa. LEXIS 780

Syllabus

<p>1. In erecting a county bridge, under the act of June 13, 1836, P. L. 560, it is the duty of the county commissioners to construct the approaches that are requisite to give to the traveling public access to it, such approaches being appliances necessary to the proper use and to be taken as parts of the bridge: Penn Tp. v. Perry Co., 78 Pa. 457.</p> <p>2. But if the site for such bridge have been so selected that one of its termini does not connect with any public highway, the commissioners may not be compelled by mandamus to construct an approach to such terminus, until by appropriate proceedings a public highway has been laid-out and opened thereto.</p> <p>3. If the owner of land, lying between the end of the bridge and the nearest highway, have granted his consent to the construction of a connecting causeway over it, provided it be done in a particular manner, the court cannot by mandamus interfere with the discretion of the commissioners, and compel them to accept the conditional dedication and construct the approach under the conditions imposed.</p>