Road in Hempfield Township
Citations
- 122 Pa. 439
- 16 A. 738
- 1888 Pa. LEXIS 621
Syllabus
<p>1. The authority of road-viewers is limited by the terms of the order directed to them, aud when they exceed their authority their report must be set aside.</p> <p>2. If a report in favor of a road is referred back to the viewers to report upon damages and releases and to note improvements, it is error to confirm a supplementary report with a change in the location.</p> <p>3. By § 4, act of June 13, 1836, P. L. 555, the width of the road must in all cases he fixed by special action when the report is approved nisi; if fixed and indorsed by the clerk under a general rule of court, it is error.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that whether a municipality has notice of a dangerous condition “is a question for the factfinder”
- holding that, under the utilities exception of the Tort Claims Act, an underground culvert or storm drain used for handling the flow of surface water was a “sewer” for which the municipality can be liable for injuries caused by a dangerous condition
- township could be liable under utility service facilities’ exception for injuries sustained as a result of negligence maintenance of culverts
- three separate incidents of flooding in a three-month period in the year in question were held sufficient to satisfy the notice requirement
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Hand, Paxson, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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