Case of a Road from the West Chester Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions óf Delaware County. In this case the petitioners prayed for a road to be laid out from the West Chester road, at the intersection of a road leading from the falls of Schuylkill, to intersect- the road leading from the borough of Chester to Germantown. The viewers laid out and reported a road according to the prayer of the petitioners, which report was set aside on the report of reviewers, that the said road was unnecessary.
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Certiorari to the Court of Quarter Sessions óf Delaware County. In this case the petitioners prayed for a road to be laid out from the West Chester road, at the intersection of a road leading from the falls of Schuylkill, to intersect- the road leading from the borough of Chester to Germantown. The viewers laid out and reported a road according to the prayer of the petitioners, which report was set aside on the report of reviewers, that the said road was unnecessary. Re-reviewers were then appointed, who reported a road from the West Chester road to the Garratt, or Marshall road, and along…
1Opinion of the Court
The opinion, of the court was delivered by
Gibson, C. J.
— By the terms of the order, viewers are restricted to the space between the specified points. Without assuming such points, the projected road could not be designated j or the duties of the tiewers described with convenient certainty. Where, however, they are injudiciously 'assumed, a reasonable exercise of discretion by the viewers cannot but be beneficial, and it ought to be allowed whenever it is strictly consistent with the terms of their authority. Here, the viewers may be said substantially to have shifted the terminus to a more…
2Cited by4 opinions
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