McCormick v. Allegheny County

Citations

• 263 Pa. 146
• 106 A. 203
• 1919 Pa. LEXIS 388

Syllabus

<p>Negligence — Counties—Boads—Repairs—Acts of June 26, 1895, P. L. 8S6, and May 11, 1911, P. L. 21/4 — Prior demand.</p> <p>1. The Acts of June 26, 1895, P. L. 336, and May 11, 1911, P. L. 244, relieving township authorities from all duty and responsibility in respect to the care, maintenance and repair of all roads improved under the provisions of such acts and making such roads county roads, have the effect of imposing liability on the county for injuries occasioned by breach of the duty to repair; and this includes injuries on the sidewalks of such roads.</p> <p>2. In an action to enforce such liability, it is not necessary to show a prior demand for damages, inasmuch as the damages are unliquidated. The case is within the rule that the action is itself a sufficient demand.</p>