McConnell's Mill Road
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Allegheny county. On the 24th March 1857, the petition of divers inhabitants of West Deer township was presented, praying the court below to appoint viewers to lay out a road, from a point on a public road, at or near John McConnell’s Mill, in West Deer township, by way of No. 6 School-house, to the Allegheny and Butler Plank Road, at or near Charles Anderson’s, in Indiana township. . Viewers were appointed, who reported in favour of the…
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Certiorari to the Quarter Sessions of Allegheny county. On the 24th March 1857, the petition of divers inhabitants of West Deer township was presented, praying the court below to appoint viewers to lay out a road, from a point on a public road, at or near John McConnell’s Mill, in West Deer township, by way of No. 6 School-house, to the Allegheny and Butler Plank Road, at or near Charles Anderson’s, in Indiana township. . Viewers were appointed, who reported in favour of the road, as prayed for by petitioners; and two of them signed the following report of damages: “We the viewers, appointed…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
Of the errors assigned in this case the first and fourth only are material. The route between the extreme termini of a road is exclusively for the viewers. The court is not authorized to designate, in their order to the viewers, any intermediate point. Neither should the petition. If there could be one there might be many. The doctrine advanced, in support of these proceedings, on that subject would enable the petitioner to stake out the entire road, before even the jurisdiction of the viewers attached. This would be subversive of our whole…
2Cited by6 opinions
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- Sadsbury Township Roads—Toland's AppealSupreme Court of Pennsylvania · 1892
- Allegheny Township RoadSuperior Court of Pennsylvania · 1900
- Franklin Township RoadSuperior Court of Pennsylvania · 1913
- Portage Township RoadSuperior Court of Pennsylvania · 1912
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