Durnall's Road
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Chester county. On the 17th August 1857, Rebecca Durnall and Lewis Durnall presented a petition for the laying out of a private road from their plantation, in West Bradford township, to a public road located near by.
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Certiorari to the Quarter Sessions of Chester county. On the 17th August 1857, Rebecca Durnall and Lewis Durnall presented a petition for the laying out of a private road from their plantation, in West Bradford township, to a public road located near by. The court, thereupon, appointed viewers under the Act of 28th April 1857 {Brightly's Purd. 1246), who returned that they had laid out a private road for the use of the petitioners, through the improved land of Hannah Darlington; and assessed her damages at $15. On the 2d November 1857, Hannah Darlington petitioned for a review, which was…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J. —
The general road law has one form of proceeding for public and for private roads, and when it was altered for Chester and Lancaster counties, by the special law of 28th April 1857, the same alteration, as it seems to us, was made for both kinds of roads.
This special law does not change the general law, except so far as it is inconsistent with it, and so far as change becomes necessary in order to adapt the new to the old, of which it is made a part. This adaptation is a very simple process, so far as is necessary for the present case;…
2Cited by2 opinions
- Marinclin AppealSuperior Court of Pennsylvania · 1964
- Opening of C. Street, Verona BoroughSupreme Court of Pennsylvania · 1888