Certiorari to the Quarter Sessions of Mifflin County
Supreme Court of Pennsylvania
From the record it appeared, that John Kyle had petitioned for a road from his house to the Penn’s Valley road, at August sessions 1804. Viewers were appointed thereon, but no return having been made at November sessions following, the order was continued.
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From the record it appeared, that John Kyle had petitioned for a road from his house to the Penn’s Valley road, at August sessions 1804. Viewers were appointed thereon, but no return having been made at November sessions following, the order was continued. The viewers reported to January sessions 1805, “ that there was a necessity for a road in their opinion,” and returned the same by courses and distances, together with a *draft thereof (without distinguishing whether it should rs be a public or private road.) At the same sessions, a pe- L 5 5 tition was presented by Matthew Taylor against…
1Opinion of the CourtTilghman, C. J.
The first exception is grounded on the supposed want of definite points, where the road applied for shall begin and end. No general rule can be laid down which shall universally prevail in such cases. But her.e was a terminus a quo, the dwelling house of Kyle, and a terminus ad quem the Penn’s Valley road, well known as a great road, and the distance between them not much more than one mile. The maxim id cerium est quod cerium reddi potest is applicable here ; and I can see nothing in the first objection.
mi-jg-i *1 also incline to think the second objection illground- ^ ^ ed ; though it is not…
2Cited by4 opinions
- Bean's RoadSupreme Court of Pennsylvania · 1860
- Road in Cassville BoroughSuperior Court of Pennsylvania · 1897
- Barry v. BarryU.S. Circuit Court for the District of District of Columbia · 1827
- Case of the Road Leading from the House of MillerSupreme Court of Pennsylvania · 1822