Commonwealth v. Holland
Supreme Court of Pennsylvania
Appeal, No. 31, Jan. T., 1893, by plaintiff, Commonwealth ex rel. Herbert Cox et al., from judgment of C. P. Chester Co., Aug. T., 1891, No. 33, refusing a writ of mandamus to compel the opening of a public road by defendants, Jas. Holland et al., supervisors. Petition for mandamus to supervisors to open road. The facts appear by the opinion of the Supreme Court. The court, in an opinion by Hbmehill, J., refused the writ. Error assigned was entry of judgment for defendants.
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The learned judge below refused to grant the writ of alternative mandamus applied for in this case. We concur in this result, although for different reasons.
•The application was for a mandamus to compel the supervisors of East Whiteland township to open a public road recently laid out. It appears from the facts agreed upon that to open this road so as to be of any practicable use, requires the construction of a bridge over the Chester Valley Railroad, at a point where said road crosses the same. The court of quarter sessions issued an order in the year 1888,…
2Cases cited1 opinion
- Edge v. CommonwealthSupreme Court of Pennsylvania · 1847
3Cited by3 opinions
- Ahern v. McHenrySupreme Court of Pennsylvania · 1962
- Com. ex rel. Ballou v. Halifax Township Supervisors, Pennsylvania Court of Common Pleas, Dauphin County1926
- In re Road in Penn TownshipYork County Court of Quarter Sessions · 1935