Legal Opinion

Road in Greenwich Township

Supreme Court of Pennsylvania

Decided May 15, 1849PublishedCited by 3 opinions

Certiorari to the Quarter Sessions of Berks. June 21. In the opinion of the court below, by Jones, President, the facts of the case are thus stated:— “ Here a road has been laid out between two public roads, and opened from one of them to the house of one of the original petitioners, but not opened from that house out to the other road. The road has been only partially opened.

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Certiorari to the Quarter Sessions of Berks. June 21. In the opinion of the court below, by Jones, President, the facts of the case are thus stated:— “ Here a road has been laid out between two public roads, and opened from one of them to the house of one of the original petitioners, but not opened from that house out to the other road. The road has been only partially opened. That being the state of the road, a majority of the original petitioners came here praying to have that part of the road which has not been opened, vacated. A jury of view was appointed, which has reported favourably to…

1Opinion of the Court

The opinion of this court was delivered by

Burnside, J.

When the road was confirmed on the 9th of *188January, 1840, and directed to be opened of the breadth of thirty-three feet, the court had no further power over it, except there was an application either under the 18th or 19th section of the road law of 1836: Dunlop, 641. The 18th section declares, “ the courts aforesaid shall, within their respective counties, have authority, upon application to them by petition, to inquire of, and to change or vacate the whole or any part of any private or public road which may have been laid out by…

2Cited by3 opinions

  1. Swanson StreetSupreme Court of Pennsylvania · 1894
  2. Schuylkill River RoadSuperior Court of Pennsylvania · 1902
  3. Road in Sterrett TownshipSupreme Court of Pennsylvania · 1889

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