Legal Opinion

Road in Chartiers Township

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 5 opinions

Certiorari to the Quarter Sessions of Allegheny county. On the 8th May 1858, the petition of divers inhabitants of Chartiers township was presented, praying for the appointment of viewers to lay ,out a road from the Middletown road, at or near McClelland’s house, to the Steubenville turnpike road, at or near McLarren’s flour-mill, in the sai'd township.

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Certiorari to the Quarter Sessions of Allegheny county. On the 8th May 1858, the petition of divers inhabitants of Chartiers township was presented, praying for the appointment of viewers to lay ,out a road from the Middletown road, at or near McClelland’s house, to the Steubenville turnpike road, at or near McLarren’s flour-mill, in the sai'd township. Viewers were appointed, who reported in favour of the road as prayed for by the petitioners,' and assessed the damages of the parties thereby injured; and among others, awarded to the Heirs of Frederick Lorenz, $50. The report was only signed…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

This certiorari brings up only one record, being No. 14, of March Sessions 1858. A copy of a previous one is put on our paper-books; but we have nothing to do with it. It does not properly appeal’, therefore, that any of these viewers were on a former view of the same matter; and if it did, we might not regard them as incompetent, if this view be substantially but a recommitment of the case, because of some formal error in the first proceeding. We generally prefer leaving questions of partiality of viewers to the judgment of the court…

2Cited by5 opinions

  1. Mattei v. HurayCommonwealth Court of Pennsylvania · 1980
  2. Huntingdon Co. v. KauffmanSupreme Court of Pennsylvania · 1889
  3. Middlecreek Township Road CaseSuperior Court of Pennsylvania · 1948
  4. Walnut StreetSuperior Court of Pennsylvania · 1904
  5. Opening of C. Street, Verona BoroughSupreme Court of Pennsylvania · 1888

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