Case of the Road from Fitzwater street to Shippen street
Supreme Court of Pennsylvania
THE proceedings in this case, having been removed by certiorari, from the Quarter Sessions of Philadelphia county, to Court, it appeared, that at September Session, 1815, a petition under the general road law of 1802, was presented to the Court of Quarter Sessions, for the continuation of Spafford street ^n. Moyamensing township, from where it then terminated, to Fitzwater street.
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THE proceedings in this case, having been removed by certiorari, from the Quarter Sessions of Philadelphia county, to Court, it appeared, that at September Session, 1815, a petition under the general road law of 1802, was presented to the Court of Quarter Sessions, for the continuation of Spafford street ^n. Moyamensing township, from where it then terminated, to Fitzwater street. On the 13th October, viewers were appointed, who, at the ensuing session, reported that they had viewed, laid out, and returned for public use, a twenty-four feet wide street, from the north side of Fitzwater street…
1Opinion of the Court
*107The opinion of the' Court was delivered by
Gibson J.
This case comes before us on a certiorari to the Quarter Sessions of Philadelphia, and five exceptions are taken to the proceedings, only three of which are material. It is obiected, that this street could be laid out only by •> ’ j j the commissioners, under the act of 26th March, 1808. This objection is without foundation. It never could have been the intention of the legislature, in passing the last mentioned act, to repeal, as respects that part of Moyamensing township, which is embraced by the act of 1808, the provisions of the road law.…
2Cases cited2 opinions
- Case of Schuylkill Falls' RoadSupreme Court of Pennsylvania · 1810
- Case of Spear's RoadSupreme Court of Pennsylvania · 1811