78 Pa. 181 | Pa. | 1875
Judgment was entered in the Supreme Court, April 1st 1875,
The agreement of the 23d of August 1867, between the township of Deerfield and The Warren & Eranldin Railroad Company, was not a mere substitution of W. W. Connelly and John Robinson as agents for the company to exercise its powers in making the road in question to supply the place of that occupied by the company. It was much more; it was an agreement by the township wholly to release the railroad company from all responsibility and liability for the construction and repair of this and all other roads made necessary by the obstructions, or occupancy, or injury caused by the building of the railroad, and to perform this duty on part of the township. Now, clearly this was a contract beyond the scope of the powers of the commissioners who made the agreement on behalf of the township. They could not release the railroad company from its'public duty and its liability to the public for neglect or non-performance of the duty. Nor could the township exercise the special powers of the company in the laying out of the new road, the payment of damages, and construction of the road. The whole contract was ultra vires, and compelled the township to assume a liability to the public which was specially imposed by law upon the railroad com
Judgment affirmed.