Road in Bensalem Township
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Bucks county. Under the special road law passed April 23d 1857, for Bucks county, which authorizes the viewers to procure releases from the landowners, or in case this cannot be done, to assess the damages and make report to the court for their approval, &c., a proceeding was had under which a road was laid out in Bensalem township, on land of Mrs. Bilbrough.
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Certiorari to the Quarter Sessions of Bucks county. Under the special road law passed April 23d 1857, for Bucks county, which authorizes the viewers to procure releases from the landowners, or in case this cannot be done, to assess the damages and make report to the court for their approval, &c., a proceeding was had under which a road was laid out in Bensalem township, on land of Mrs. Bilbrough. The jury were appointed at February Sessions 1859, and to April Sessions they made a report, laying out the road as prayed for and assessing Mrs. Bilbrough’s damages at $175. At September Sessions a…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— Under the general road laws the Court of Quarter Sessions has power to adopt either the report of the jury of view, or that of the jury of review: Buckwalter’s Road, 3 S. & R. 236 ; Bachman’s Road, 1 Watts 400. Both the view and review are for the purpose of informing the conscience of the court, and therefore either or both may be rejected. In approving one rather than the other, the court does not pass upon the subject, of damages awarded to the landowners, for with them the juries of view and review have nothing to do; damages are…
2Cases cited2 opinions
- Newville Road CaseSupreme Court of Pennsylvania · 1839
- Bachman's RoadSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Benton Township RoadSuperior Court of Pennsylvania · 1909
- Huntingdon Co. v. KauffmanSupreme Court of Pennsylvania · 1889