Yost's Report
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Montgomery county, in the matter of the report of Jacob S. Yost and others, commissioners under a special Act of Assembly, to view, widen, and extend, &c., certain streets in the borough of Norristown.
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Certiorari to the Court of Quarter Sessions of Montgomery county, in the matter of the report of Jacob S. Yost and others, commissioners under a special Act of Assembly, to view, widen, and extend, &c., certain streets in the borough of Norristown. This was a certiorari to the Quarter Sessions of Montgomery county, upon the application of William Powell to remove the proceedings of certain commissioners, named in an Act of Assembly passed 7th April, 1845 (see Pamphlet Laws of 1845, p. 329), entitled, “An Act relating to views of roads and damages, in the counties of Monroe and Montgomery, and…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
A state, in the exercise of its power of eminent domain, may proceed in such form and employ such agents as the public convenience and its own sense of justice may dictate. It cannot take private property, except for a-purpose deemed beneficial to the public; and in that case, although individual right must to some extent give way to the public good, a just compensation must be made for the sacrifice. But the assessment of the amount may be made by such tribunal as the legislature shall appoint. Taking land for the construction of roads and…
2Cases cited1 opinion
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
3Cited by5 opinions
- State Highway Commissioner v. Chambersburg & Bedford Turnpike Co.Supreme Court of Pennsylvania · 1913
- Com. of Pa. v. StephensSuperior Court of Pennsylvania · 1933
- Durante's PetitionJefferson County Court of Quarter Sessions · 1923
- Petition of Conshohocken BoroughSuperior Court of Pennsylvania · 1926
- Zimmerman v. CanfieldOhio Supreme Court · 1885