Legal Opinion

Stewart's Private Road

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 57PublishedCited by 7 opinions

Appeal, No. 57, Oct. T., 1908, by Annie C. Gamer, from order of Q. S. Huntingdon Co., Feb. T., 1907, No. 5, overruling exceptions to report of viewers in the matter of petition for private road for A. Campbell Stewart. Petition for appointment of viewers to lay out a private road. The facts appear by the opinion of the Superior Court. Error assigned was order dismissing petition for appointment of viewers.

1Opinion of the Court

Opinion by

Beaver, J.,

The appellee having a field or plantation separated from his mansion house or dwelling by lands of the appellant, petitioned for viewers to lay out a private road “to view the place where the said road is requested to be laid out and make report of their proceedings to the said court.”

The viewers, having given notice to the appellant and to the *341county commissioners, after being duly sworn and affirmed, unanimously reported:

“We proceeded to view and survey the line and location of the said private road and find that there is occasion and necessity for the same, and we have…

2Cited by7 opinions

  1. Little AppealSuperior Court of Pennsylvania · 1956
  2. Marinclin AppealSuperior Court of Pennsylvania · 1964
  3. Lobdell v. LeichtenbergerSuperior Court of Pennsylvania · 1995
  4. Soska v. BishopCommonwealth Court of Pennsylvania · 2011
  5. McGinnis v. McCarterCommonwealth Court of Pennsylvania · 2008

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