Case of Spear's Road
Supreme Court of Pennsylvania
This was a certiorari to the Quarter Sessions of Franklin, to remove the proceedings relative to a road leading from James Spear’s iron works to James Young’s mill in that county. By the return it appeared that in November 1806 a petition was presented to the Sessions, stating that the petitioners “ suffered for want of a road” between the points above stated, and praying the court to appoint persons to lay out the road.
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This was a certiorari to the Quarter Sessions of Franklin, to remove the proceedings relative to a road leading from James Spear’s iron works to James Young’s mill in that county. By the return it appeared that in November 1806 a petition was presented to the Sessions, stating that the petitioners “ suffered for want of a road” between the points above stated, and praying the court to appoint persons to lay out the road. Viewers were accordingly appointed, who reported in favor of a private road according to a draught with courses and distances, which report was approved. An order of review…
1Opinion of the Court
Tilghman C. J.
In this case, five exceptions were taken to the proceedings; but as the two last were abandoned, I shall only take notice of the first three.
1. The petitioners for the road do not state whether they pray for a public or private road.
It is necessary that it should appear on the record, whether the road is to be public or private, but I do not think it necessary to mention it in the petition. It is not at the option of the petitioners whether it shall be public or private; that is to be judged of by the viewers, who are directed by the act, to state particularly in their report, “…
2Cases cited2 opinions
- Case of Schuylkill Falls' RoadSupreme Court of Pennsylvania · 1810
- Hellertown RoadSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- In re Road in South Abington TownshipSupreme Court of Pennsylvania · 1885
- In Re Opening Private Road Ex Rel. O'ReillyCommonwealth Court of Pennsylvania · 2008
- O'Reilly v. Hickory on the Green Homeowners Ass'nCommonwealth Court of Pennsylvania · 2008
- Road in Middle Creek & Union TownshipsSupreme Court of Pennsylvania · 1848
- Case of the Road from Fitzwater street to Shippen streetSupreme Court of Pennsylvania · 1818
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