County of Lancaster v. Frey

Citations

• 128 Pa. 593
• 24 W.N.C. 568
• 18 A. 478
• 1889 Pa. LEXIS 821

Syllabus

<p>1. A mere clerical error in an act of assembly, which involves a mistake and a manifest absurdity apparent on the face of the act, may be corrected by the courts from the context, in order to carry out the clear purpose of the legislature.</p> <p>2. The word “ county,” which is the one hundred and eighteenth word in § 3, act of April 13,1854, F. L. 352, relative to the opening of streets in the city of Lancaster, is a clerical mistake for the word “ city,” apparent on the face of the act.</p> <p>3. Damages to a property owner, otherwise than for buildings removed or injured, caused by the opening of streets in said city, are payable to him primarily by the county, and the liability of the city, in such case, can be raised only in a proceeding between the county and the city.</p>