Morrow v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of debt before a justice of the peace, by The Commonwealth, for the use of John Brown, against John C. Morrow, and came into the Common Pleas by appeal, where a declaration was filed, averring that the defendant, on the 15th of October 1863, obstructed a public road or highway in Kobinson township, and did commit a nuisance thereon by setting up posts, making fences, and by turning said road, &c., contrary to…
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Error to the Common Pleas of Allegheny county. This was an action of debt before a justice of the peace, by The Commonwealth, for the use of John Brown, against John C. Morrow, and came into the Common Pleas by appeal, where a declaration was filed, averring that the defendant, on the 15th of October 1863, obstructed a public road or highway in Kobinson township, and did commit a nuisance thereon by setting up posts, making fences, and by turning said road, &c., contrary to the statute, &e., whereby he forfeited $40, and by force, &e., an action accrued to the plaintiff. To which the…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
— In the leading feature's of the charge of the court below we see no error. It has been settled, if anything can be, that a road once laid out by the proper officers, under an opening order, can be altered only by a new proceeding under the Road Law. The act of the supervisor is official, and from motives of public policy necessarily final, until changed or annulled in due *308course of law. It has been repeatedly held that his authority under the opening order is exhausted by his action upon it, and neither he nor any one by his authority can…
2Cited by4 opinions
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Commonwealth v. JacksonSuperior Court of Pennsylvania · 1899
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1890
- Commonwealth v. SlagelSuperior Court of Pennsylvania · 1907