Madison & Harmony School-House Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Westmoreland county. This was a proceeding to vacate the whole or part of a road which had been laid out from Madison School-House to Harmony School-House in Hempfield township, Westmoreland county. A road had been laid out in 1859 between the above-named points, a distance of two miles and a half and eighteen perches.
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Certiorari to the Court of Quarter Sessions of Westmoreland county. This was a proceeding to vacate the whole or part of a road which had been laid out from Madison School-House to Harmony School-House in Hempfield township, Westmoreland county. A road had been laid out in 1859 between the above-named points, a distance of two miles and a half and eighteen perches. In 1860 a majority of the original petitioners prayed the court to vacate the whole of the road, or at least that part of it between the crossing of the Greensburg road to the Adamsburg road, near Harmony School-House. On this…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The 18th and 19th sections of our general road law of 1836, Pur don 720, give the Courts of Quarter Sessions full power to “ vacate the whole or any part of any private or public road;” but they make a distinction in the exercise of this power between roads which have been laid out and opened and roads laid out only, but not opened. If a particular road have been laid out and opened, the power to vacate can be exercised only when the road shall have become useless, inconvenient, or burdensome; if it have been laid out and not opened, the…
2Cited by1 opinion
- Swanson StreetSupreme Court of Pennsylvania · 1894