Dougherty v. Black, State Highway Commissioner of Commonwealth

Citations

• 262 Pa. 230
• 105 A. 82
• 1918 Pa. LEXIS 630

Syllabus

<p>Roads and streets — State highways — Boroughs—Repair Act of May SI, 1911, P. L. 468, Sec. 10 — Petition for mandamus — Refusal.</p> <p>1. There is nothing in the State Highway Act of May 31, 1911, P. L. 468, which relieves boroughs from the maintenance of highways or roads within their limits, except in cases where the State highway commissioner, with the consent of the borough, has reconstructed a borough street forming part of a State highway, in which case, the borough .and the State .highway commissioner maintain the road jointly thereafter as provided by section ten of the act.</p> <p>2. A mandamus to compel the State highway commissioner to maintain a borough street forming part of a State highway is properly refused where the State highway commissioner has not elected to reconstruct Such portion of the highway as runs through the borough, as provided by Section 10 of the Act of May 3, 1911, P. L. 468.</p> <p>3. It is discretionary with the State highway commissioner whether or not he shall take over and maintain jointly with a borough a portion of a State highway running through a borough.</p>