Meginnis & Swartz v. Nunamaker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Buchs county: No. 311, to January Term 1870. This was an amicable action and case stated, in which Bower Nunamaker was plaintiff and James Meginnis and Thomas Schwartz, defendants, entered June 15th 1859. The facts stated in the case were : The defendants were owners of a farm in Plumstead township, Bucks county; at April sessions, 1865, viewers were appointed to lay out a road in that township ; at the September term the viewers…
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Error to the Court of Common Pleas of Buchs county: No. 311, to January Term 1870. This was an amicable action and case stated, in which Bower Nunamaker was plaintiff and James Meginnis and Thomas Schwartz, defendants, entered June 15th 1859. The facts stated in the case were : The defendants were owners of a farm in Plumstead township, Bucks county; at April sessions, 1865, viewers were appointed to lay out a road in that township ; at the September term the viewers reported that they had laid out a road through the defendants’ farm, and assessed damages to him at $40. Exceptions were filed…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The Act of Assembly of April 23d 1857, Pamph. L. 297, although not so termed, is evidently a supplement to the General Road Law of June 13th 1836, Pamph. L. 551. Its title is “An Act to amend the Road Laws of Bucks county,” and it is clear that in all points in which special provision by way of amendment is not made, the general law must govern. By the 8th section of the Act of 1836, the amount of damages awarded to any landowner is to be paid to the party entitled thereto : and the party thus referred to is “ the owner of any land…
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