In re Public Road
Supreme Court of Pennsylvania
Certiorari. Certiorari to the Court of Quarter Sessions of Alleghany county. In this case, the petitioners prayed for a public road to be laid out from the present township road, at or near the dwelling-house of John Keating, to intersect Coal street, at the property of James Gray. On the 1st of October, 1843, viewers were appointed, who, on the 28th of the same month, reported a road, agreeably to the prayer of the petitioners.
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Certiorari. Certiorari to the Court of Quarter Sessions of Alleghany county. In this case, the petitioners prayed for a public road to be laid out from the present township road, at or near the dwelling-house of John Keating, to intersect Coal street, at the property of James Gray. On the 1st of October, 1843, viewers were appointed, who, on the 28th of the same month, reported a road, agreeably to the prayer of the petitioners. This report was approved by the court; but, on remonstrance being made, on the 8th of January, 1844, proceedings were quashed. On certiorari of the proceedings, the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
By the fourth section of the act of 1836, Purd. Dig. 937, it is enacted, “ if the court shall approve the report of the viewers, allowing a road, they shall direct of what breadth the road so approved shall be opened; and, at the next court thereafter, the whole proceedings shall be entered on record, and thenceforth such road shall be taken, deemed, and allowed to be a lawful public road or highway, or private road, as the case may be.’’ Now, it is clear from the terms of the act, that at the same time the court shall approve the road, they…
2Cases cited1 opinion
- Case of a Road in Bucks CountySupreme Court of Pennsylvania · 1838
3Cited by1 opinion
- Road in Hempfield TownshipSupreme Court of Pennsylvania · 1888