In re Public Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of the Peace, of JElh county : Of January Term, 1887, No. 36. The record showed the following: On September 16th, 1884, upon petition, the court appointed viewers to view and make report of the propriety of laying out a public road, to begin in a public road leading from Kaul’s mill to George Reuscher’s, at a point near Erhardt Gahn’s barn, and to end in a public road leading from Swissmount to Rathbun at a point near where said…
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Certiorari to the Court of Quarter Sessions of the Peace, of JElh county : Of January Term, 1887, No. 36. The record showed the following: On September 16th, 1884, upon petition, the court appointed viewers to view and make report of the propriety of laying out a public road, to begin in a public road leading from Kaul’s mill to George Reuscher’s, at a point near Erhardt Gahn’s barn, and to end in a public road leading from Swissmount to Rathbun at a point near where said road, crosses West Creek in Benzinger township. On November 19fch, 1884, the viewers filed their report, reporting in…
1Opinion of the CourtJustice Trunkey
The exceptions filed by the supervisors of the township had so much merit that instead of simply approving the road as laid out by the viewers, the court “ confirmed that the road be *439opened to a point convenient to the sawmill of Sykes & Caflish and the' other part of the road not to be opened until the further order'of the court.”
It is suggested by the petitioners that all after the word confirmed may be treated as surplusage. But this should not be done in the statutory proceeding for a public road. The court should either unqualifiedly approve or disapprove the road laid out and returned.…
2Cited by10 opinions
- Douglas v. HornCourt of Appeals for the Third Circuit · 2004
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- Culbertson AppealSuperior Court of Pennsylvania · 1956
- Benton Township RoadSuperior Court of Pennsylvania · 1909
- Road in Benzinger TownshipSupreme Court of Pennsylvania · 1890
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