Legal Opinion

In re Milford

Supreme Court of Pennsylvania

Decided January 2, 1846PublishedCited by 2 opinions

Certiorari to the Quarter Sessions of Pike county. Dec. 21. In 1833, a petition was presented to the court below, stating the petitioners’ inconvenience, See., for want of streets and alleys in the town of Milford, (as designated and laid down in the plan of said town by the original proprietor, a plan whereof was annexed,) declared public roads-or highways, and praying the appointment .of persons to view and layout the same.

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Certiorari to the Quarter Sessions of Pike county. Dec. 21. In 1833, a petition was presented to the court below, stating the petitioners’ inconvenience, See., for want of streets and alleys in the town of Milford, (as designated and laid down in the plan of said town by the original proprietor, a plan whereof was annexed,) declared public roads-or highways, and praying the appointment .of persons to view and layout the same. The order directed the five viewers to view, &c., and if they should agree «there is occasion for such streets .and alleys being opened, they shall proceed to lay out…

1Opinion of the Court

Per Curiam.—The

general road law on which this proceeding is attempted to be supported, provides for the laying out and opening of one road at a time in a continuous line with one place of beginning and one terminus. The road before us, as it is called, consists of many parallel roads, and many more cross ones surrounding entire squares, and having many endings and beginnings. It is, in fact, a dislocated fragment of the plan of an incorporated borough, which is the seat of justice of a county. And wffiy should *305the road law be applied to streets and alleys which are already laid out by…

2Cases cited1 opinion

  1. Newville Road CaseSupreme Court of Pennsylvania · 1839

3Cited by2 opinions

  1. Winner v. GranerSupreme Court of Pennsylvania · 1896
  2. Kress AppealSupreme Court of Pennsylvania · 1963

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