Road Case
Supreme Court of Pennsylvania
CERTIORARI to the Quarter Sessions of Susquehanna county. This was a report of viewers, in favour of a public road in Silverlake township. Exceptions^ were filed to it in the court below, which, upon argument, were overruled; and the road was “ confirmed, and ordered to be opened.” The error assigned in this court was, that the court omitted to fix the width of the road.
1Per curiam
The second exception is fatal. By the terms of the fourth section of the road law, the width must be fixed when the report of the viewers is approved and confirmed; and there is a substantial reason for it. The same section directs that the proceedings be entered of record at the succeeding court, and that the road be thenceforth deemed a highway; so that the proceedings are in fieri till the next term and no longer, and an exception would afterwards come too late. But a proprietor who would submit to have his land appropriated to a road of 20 feet breadth, might resolve on resistance to one…
2Cited by7 opinions
- Road to Ewing's MillSupreme Court of Pennsylvania · 1858
- In re Road in LackawannaSupreme Court of Pennsylvania · 1886
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- In re Shaefferstown RoadSupreme Court of Pennsylvania · 1847
- Hibberd v. County of DelawareSuperior Court of Pennsylvania · 1896
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