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LUZERNE COUNTY v. DEPT. OF HIGHWAYS ET AL.

77 Pa. D. & C. 52 (1950)

Luzerne County v. Department of Highways et al.

Common Pleas Court of Dauphin County, Pennsylvania.

November 27, 1950.

Attorney(s) appearing for the Case

R. Lawrence Coughlin and Donald S. Mills, for plaintiff.

T. McKeen Chidsey, Attorney General, Harry F. Stambaugh, special counsel, and Phil H. Lewis, Deputy Attorney General, for defendants.

SMITH, J., November 27, 1950.

We have before us preliminary objections in the nature of a demurrer to a complaint in an action of mandamus. The question presented by the pleadings is whether a certain bridge in Luzerne County crossing the Susquehanna River and connecting a borough street with a township road was, on January 25, 1944, a county highway.

The determination of this issue involves the interpretation of the Act of May 28, 1943, P.L. 796, in force...

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