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· 4/17/1922

Township of North Middleton v. Weary

Citations

  • 78 Pa. Super. 503
  • 1922 Pa. Super. LEXIS 148

Syllabus

<p>Public roads — County roads — Adoption of road by county — Liar bility of township for repair — Act of May 11, 1911, P. L. 2kk-</p> <p>A public highway becomes a county road from the date of the final decree of the court directing the county to enter upon, take over, and repair the same, under the provisions of the Act of May 11, 1911, P. L. 244. Thereafter the duty of maintaining and repairing it devolves upon the county commissioners and no longer rests on the township supervisors.</p> <p>The Act of May 16, 1921, P. L. 638, is only declaratory of the true intent and meaning of the Act of May 11, 1911, and does not operate to change the existing law.</p> <p>On a suit for penalty against the township supervisors for violation of duty under section 236 of the Act of July 14, 1917, P. L. 866, a judgment against the defendant will be reversed, where it appeared that the road complained against was a county road, no longer under the jurisdiction of the supervisors.</p>

Judges: Henderson, Keller, Linn, Orlady, Poetee

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