Feree v. Meily
Supreme Court of Pennsylvania
Certiorari to the sessions of Lancaster county. The following facts appeared on the return of the record. The plaintiff preferred his petition to May sessions 1796, setting forth, that a road for the accommodation of the public had lately been laid out from the village of Strasburgh to James Gibbons’s mill, on the state road leading from Lancaster to Philadelphia; that it runs through the improved lands of the petitioner 50 perches, and along his line 20 perches, and had…
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Certiorari to the sessions of Lancaster county. The following facts appeared on the return of the record. The plaintiff preferred his petition to May sessions 1796, setting forth, that a road for the accommodation of the public had lately been laid out from the village of Strasburgh to James Gibbons’s mill, on the state road leading from Lancaster to Philadelphia; that it runs through the improved lands of the petitioner 50 perches, and along his line 20 perches, and had been opened of the breadth of 33 feet; that the injuries resulting to him therefrom were many, and of a peculiar and very…
1Opinion of the Court
The court unanimously reversed the proceedings on the last ground. The Chief Justice, however, during the argument, said, that the case of owners of valuable grounds near the city or towns, stripped of their property for the public emolument, being hard, he would adopt the construction that the lands should be paid for out of the county stock, as the words of the act were sufficiently comprehensive to warrant such construction. But all the other members of the court held, that the legislature could not at that early day have contemplated a compensation for the soil of improved lands converted…
2Cited by5 opinions
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- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
- Workman v. MifflinSupreme Court of Pennsylvania · 1858
- Smith v. Cheltenham TownshipSuperior Court of Pennsylvania · 1908
- Eyer v. Forks Township, Pennsylvania Court of Common Pleas, Northampton County1925