242 Pa. 573 | Pa. | 1914
Opinion by
In this action of assumpsit, the Township of Sugar Creek sought to recover from the defendant company the amount which it had expended in relocating and reconstructing a public road. In its statement of claim plaintiff sets forth that within the limits of the plaintiff township there was a public road extending along the west bank of the Allegheny river from Two Mile Run to Oil City which the township was bound to keep open and in repair and safe and suitable for public iise and travel; that defendant owned and operated a steam railroad also extending along the west bank of the
Plaintiff has appealed, and has filed but one assignment of error, it being to the entry of judgment n. o. v. in favor of defendant. It appears from the record that
If it be found necessary to try this case again, the evidence upon the part of the township should be limited to the expense it has incurred in reconstructing the road outside of the right of way of the railroad. For such expenditures it is entitled in this action to recover.
The judgment is reversed with a venire facias de novo.