In re the Vacation & Supply of a Public Road
Supreme Court of Pennsylvania
Certiorari to tbe Court of Quarter Sessions of Mercer county: Of October Term 1883, No. 129. The record showed the following facts: On April 5th 1880, certain citizens of Ottercreek township presented a petition to the court of Quarter Sessions of Mercer county, for the vacation and supply of a public road.
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Certiorari to tbe Court of Quarter Sessions of Mercer county: Of October Term 1883, No. 129. The record showed the following facts: On April 5th 1880, certain citizens of Ottercreek township presented a petition to the court of Quarter Sessions of Mercer county, for the vacation and supply of a public road. This petition (as recited in the order of court based thereon, the original not appearing in the record), set forth that “ a road has long since been laid out, leading from Little Shenango creek, in a southerly direction to the Leech road, near Dan Haunce’s house, all in said township, and…
1Opinion of the CourtJustice Clark
A petition for the view of a public road should designate only the termini, and the order must, in this respect, follow the petition. The route between .the terminal points is exclusively for the viewers; it is their duty to'view the ground, between the points designated in the order, “ and if they shall agree that there is occasion for the road, they shall proceed to lay out the same, having respect to the shortest distance and the best ground for a road, and, in such manner, as shall do the least injury to private property,” &c. If the petition and order may contain one such intermediate…
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