Legal Opinion

Reserve Township Road

Supreme Court of Pennsylvania

Decided October 26, 1874PublishedCited by 1 opinion

Certiorari to the Court of Quarter Sessions of Allegheny county : Of October and November Term 1874, No. 28. On the 2d of November 1872, a number of inhabitants of Reserve township petitioned the court for the view of a road “from the northern end of Stanton avenue, &c., to a point on the Troy Hill road at or near its junction with the Spring Garden Run road.” A view was appointed, who, on the 7th December, reported a road between the points named.

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Certiorari to the Court of Quarter Sessions of Allegheny county : Of October and November Term 1874, No. 28. On the 2d of November 1872, a number of inhabitants of Reserve township petitioned the court for the view of a road “from the northern end of Stanton avenue, &c., to a point on the Troy Hill road at or near its junction with the Spring Garden Run road.” A view was appointed, who, on the 7th December, reported a road between the points named. On the 18th of January 1873 a review was appointed, who, on the 3d of March, reported a road, beginning at the north end of Stanton avenue and…

1Opinion of the Court

Judgment was entered in the Supreme Court,

2Per curiam

The general rule is that viewers cannot locate a road upon another legally laid out and opened. But it has been held that they may do this so far as it may be necessary to reach the point of termination called for in the order: Road from West Chester Road to Chester and Germantown Road, 2 Rawle 421; Hess Mill Road, 9 Harris 217; Southampton Road, Id, 356. The mere objection to the adoption of the Troy Hill road, so far as it was thus necessary to reach the point of termination at or near the Spring Garden Run road, would not alone be tenable; but the…

3Cases cited1 opinion

  1. Case of a Road from the West Chester RoadSupreme Court of Pennsylvania · 1830

4Cited by1 opinion

  1. In re Public RoadSuperior Court of Pennsylvania · 1897

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