Legal Opinion

In re Private Road in Redstone Township

Supreme Court of Pennsylvania

Decided February 15, 1886PublishedCited by 6 opinions

Certiorari to the Court of Quarter Sessions of the Peace, of Fayette county: Of January Term, 1886, No. 194. The record showed the following: April 29th, 1884, on petition of W. R. Sweitzer et al., for a private road, the court appointed viewers to view the proposed road and report on the same. June 2d, 1884, viewers reported in favor of the road.

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Certiorari to the Court of Quarter Sessions of the Peace, of Fayette county: Of January Term, 1886, No. 194. The record showed the following: April 29th, 1884, on petition of W. R. Sweitzer et al., for a private road, the court appointed viewers to view the proposed road and report on the same. June 2d, 1884, viewers reported in favor of the road. June 7th, 1884, James West, through whose .lands the road laid out passed, petitioned the court for a review which prayer was granted and viewers appointed. December 6th, 1884, re-viewers reported against the road. February 9th, 1885, W. B,.…

1Opinion of the CourtJustice Gordon

The report of the re-reviewers in the case before us, is defective, and fatally so, in two particulars: it does not appear in the report itself,- or on any other part of the record, that the owner of the land over which the proposed road is intend d to pass, had personal notice of the time and place of. the meeting of the viewers, nor doe£ it in like manner appear that he liad notice of the time and place fixed for the assessment of damages. In the recent ease of the private road in Plumcreek township, we endeavored to point out the distinction between private and public roads; that as to the…

2Cases cited1 opinion

  1. Miami Exporting Co. v. Bank of the United StatesOhio Supreme Court · 1833

3Cited by6 opinions

  1. Little AppealSuperior Court of Pennsylvania · 1956
  2. Lobdell v. LeichtenbergerSuperior Court of Pennsylvania · 1995
  3. In re Private RoadSuperior Court of Pennsylvania · 1900
  4. In re Pine Road, Pennsylvania Court of Common Pleas, Montgomery County1990
  5. In re Private Road in Juniata TownshipPerry County Court of Quarter Sessions · 1948

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