East White-Land Township v. Chester County

Citations

• 235 Pa. 579
• 84 A. 511
• 1912 Pa. LEXIS 592

Syllabus

<p>Road Law — Abandoned turnpike roads — Duty to repair — Township — County—Act of April 25,1907, P. L. 10J¡.</p> <p>1. A township cannot maintain an action of assumpsit to recover from a county the cost of repairs voluntarily made by the township to a turnpike road which had been partly abandoned and partly condemned.</p> <p>2. The Act of April 25, 1907, P. L. 104, relieves the township of the duty to maintain and repair such road, and imposes it upon the county. If the county fails in its statutory duty there is an ample remedy directly against it and its officials, but the township can not make the repairs and collect the cost thereof from the county.</p>