In re Road in Springdale Township
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1879, No. 79. This was a proceeding to lay out a public road from Springdale Station to Colfax Station, through the village of Springdale, on the West Pennsylvania Railroad, and alongside of said railroad for the distance of about a mile. Viewers were appointed December 11th 1875, who, in March 1876, filed a report in favor of the road.
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Certiorari to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1879, No. 79. This was a proceeding to lay out a public road from Springdale Station to Colfax Station, through the village of Springdale, on the West Pennsylvania Railroad, and alongside of said railroad for the distance of about a mile. Viewers were appointed December 11th 1875, who, in March 1876, filed a report in favor of the road. On May 2d 1876, the Pennsylvania Railroad, the íessee of the West Pennsylvania Railroad, filed exceptions to the report, among others, because it .was located upon a…
1Opinion of the CourtJustice Paxson
It may be that the exceptants below, who are the plaintiffs here, would ‘have been entitled to a trial by jury had they taken the proper steps to obtain it. Their exception was as follows:—
“ And the said exceptants also demand that the question as to the damage done to their real estate by the appropriation of the same for public use as a highway, may be inquired of by a jury, and that the court will form an issue to try the same.”
The 8th sect, of art. 16 of the constitution provides that in all cases of appeal from the assessments of damages made in such cases by viewers or otherwise, the…
2Cases cited2 opinions
- Miami Exporting Co. v. Bank of the United StatesOhio Supreme Court · 1833
- Case of a Road from the West Chester RoadSupreme Court of Pennsylvania · 1830
3Cited by5 opinions
- Road in Hempfield TownshipSupreme Court of Pennsylvania · 1888
- Umbria StreetSuperior Court of Pennsylvania · 1907
- Greenwood Township RoadSuperior Court of Pennsylvania · 1905
- In re Public RoadSuperior Court of Pennsylvania · 1897
- Washington Township RoadLehigh County Court of Quarter Sessions · 1922