Keiser v. Commissioners
Keiser v. Commissioners
Opinion of the Court
Opinion by
The act of June 16,1891, P. L. 305, is very awkwardly drawn but its general intent is quite clear. It is by its title an act to amend the act of June 8, 1881, P. L. 67, and its main if not only purpose was to take away the absolute discretion lodged by the earlier act in the county commissioners, to rebuild bridges or not according to their judgment of the necessity for the accommodation of the public. The act of 1891 provides that if the commissoners neglect or refuse, then ten citizens and taxpayers may petition the court for a mandamus, as has been done in the present case. This is the only substantial change made by the later act, but in undertaking to make the duties of the commissioners clearer by specifying the cases that may occur, it raises the present question. The language is, “the county commissioners of the several counties .... are authorized to rebuild .... any bridge over any stream or river running into or through any county .... or where such bridge
We have not reviewed the merits of the case, as on them we understand the learned court below to be with the appellants, and to refuse the mandamus solely on the ground that the case presented is not within the statute. This we think an erroneous view.
Judgment reversed, and record remitted with instructions to award a mandamus.
Reference
- Full Case Name
- Keiser v. Commissioners of Union County
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Bridges — County commissioners■ — Acts of June 8, 1881, and June 16, 1891. The main purpose of the act of June 16, 1891, P. L. 305, amending the act of June 8, 1881, P. L. 67, relating to the reconstruction of bridges, was to take away the absolute discretion lodged by the earlier act in the county commissioners to rebuild bridges or not, according to their judgment of the necessity for the accommodation of the public. The only difference between the two acts was that, under the act of 1881, an absolute discretion as to rebuilding was lodged in the commissioners, while under the act of 1891 the commissioners might be compelled to rebuild by mandamus upon the petition of ten citizens and taxpayers. Inter-county and intra-county bridges — Reconstruction. The act of June 16, 1891, P. L. 805, provided as follows: “The county ■commissioners of the several counties .... are authorized to rebuild .... any bridge over any stream or river running into or through any ■county .... or where such bridge crosses a stream forming- the boundary line between two counties, then the commissioners of the county in which said bridge is located .... or the commissioners of the respective counties where the stream or river runs between counties, are hereby authorized,” to rebuild, etc. Held, that the legislature intended to provide for only two classes of bridges — those wholly in one county, and those partly in one'county and partly in another; as to the first class it is the duty of the county commissioners of the county to repair the bridge; as to the second class the commissioners of the respective counties are required to do so jointly. There is no real difference between the two phrases, “forming the boundary line between two counties,” and “running between counties.” A stream is equally the boundary whether the line is at its middle or at its edge, and a stream is equally between two counties whether it is all in one or half in each. Local act o/1813 — Union and Northumberland counties. The act creating Union county from a portion of Northumberland county provided that: “All that part of Northumberland county lying on the west side of the river Susquehanna, and the west branch of the same, is hereby erected into a separate county henceforth to be known by the name of Union.” Reid, that the commissioners of Northumberland county and Union county were required jointly to rebuild a bridge connecting the two counties.