Legal Opinion

Sadsbury Township Roads—Toland's Appeal

Supreme Court of Pennsylvania

Decided March 7, 1892No. Appeal, No. 13PublishedCited by 6 opinions

Appeal, No. 13, July T., ,1891, by Eli Toland, from an order of Q. S. Chester Co., dismissing exceptions to the report of a road jury. Petition for appointment of viewers to lay out three roads in Sadsbury township.

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Appeal, No. 13, July T., ,1891, by Eli Toland, from an order of Q. S. Chester Co., dismissing exceptions to the report of a road jury. Petition for appointment of viewers to lay out three roads in Sadsbury township. The petition described the roads as follows: ■ (1) A public road to begin in the Octoraro road at or near the corner of the lot of the Upper Octoraro Church, and to end at a point in the line between the township of Sadsbury and the borough of Parkesburg, at or near the terminus of Octoraro avenue. (2) To begin in the road leading to Sadsburyville, at or near a tree in the middle…

1Opinion of the Court

Opinion by

Mr. Justice Sterrett,

There appears to be nothing in the provisions of our general road law to indicate that the legislature ever intended that the jurisdiction conferred on the court of quarter sessions, in relation to laying out roads, should be exercised in a kind of wholesale way, by joining together in one proceeding, before same viewers, two or more separate roads. On the contrary, it clearly appears to have been intended that the jurisdiction of the court should from time to time be evoked by a petition for a single road. The act of June 13, 1836, P. L. 555, provides that the…

2Cases cited2 opinions

  1. McConnell's Mill RoadSupreme Court of Pennsylvania · 1858
  2. In re the Vacation & Supply of a Public RoadSupreme Court of Pennsylvania · 1883

3Cited by6 opinions

  1. Private Road of A. J. RocheSuperior Court of Pennsylvania · 1899
  2. In re Private RoadSuperior Court of Pennsylvania · 1900
  3. Franklin Township RoadSuperior Court of Pennsylvania · 1913
  4. In Re: Road in Shenango TownshipSuperior Court of Pennsylvania · 1926
  5. Buck & Doe Run Valley Farms Co. AppealSuperior Court of Pennsylvania · 1957

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