Commonwealth v. Jackson
Superior Court of Pennsylvania
Appeal, No. 100, April T., 1899, by plaintiff, from judgment of Q. S. Crawford Co., Sept. Sess., 1898, No. 24, on verdict of not guilty. Opinion by Beaver, J. Indictment for nuisance, obstructing the public highway.
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Appeal, No. 100, April T., 1899, by plaintiff, from judgment of Q. S. Crawford Co., Sept. Sess., 1898, No. 24, on verdict of not guilty. Opinion by Beaver, J. Indictment for nuisance, obstructing the public highway. Before Thomas, P. J. It appears from the record and evidence that in April, 1858, on a petition for a public road, viewers were appointed, on April 9,1858, and on August 14 the report of the viewers was filed recommending a road for public use as prayed for, with draft or plot of same attached, which was returned to the court, and same day report confirmed nisi and ordered to be…
1Opinion of the Court
Opinion bt
Beaver, J.,
“ It has been settled, if anything can be, that a road once laid *529out by tbe proper officers, under an opening order, can be altered only by a new proceeding under tbe road law. The act of the supervisor is official and, from motives of public policy, necessarily final, until changed or annulled in due course of law. It has been repeatedly held that his authority under the opening order is exhausted by his action upon it and neither he nor anyone by his authority can change or obstruct the road thus laid out, although not laid upon the ground selected by the viewers: ”…
2Cases cited5 opinions
- McMurtrie v. StewartSupreme Court of Pennsylvania · 1853
- Commonwealth v. DickenWestmoreland County Court of Quarter Sessions · 1891
- Commonwealth v. MarshallSupreme Court of Pennsylvania · 1890
- Holden v. ColeSupreme Court of Pennsylvania · 1845
- Morrow v. CommonwealthSupreme Court of Pennsylvania · 1864
3Cited by7 opinions
- Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- KAMERER v. CommonwealthSupreme Court of Pennsylvania · 1950
- Commonwealth v. Plymouth TownshipSuperior Court of Pennsylvania · 1902
- O'Neill v. HemenwayLouisiana Court of Appeal · 1941
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