Spring Garden Road
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of York county. In November 1859, the court appointed six men to view and lay out a road in Spring Garden township, from a public road to the line of the borough of York, who, on the 6th day of January 1860, reported in favour of the road. The same day, the court confirmed their report nisi, and fixed the width at thirty feet.
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Certiorari to the Quarter Sessions of York county. In November 1859, the court appointed six men to view and lay out a road in Spring Garden township, from a public road to the line of the borough of York, who, on the 6th day of January 1860, reported in favour of the road. The same day, the court confirmed their report nisi, and fixed the width at thirty feet. Exceptions were filed to this report on the 19th day of April 1860, and on the 25th day of April 1860, a petition de bene esse for a review was filed, on which the court, on the 29th- day of August 1860, appointed three men, under a…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
We do not review the facts here, and therefore we cannot say that there was any want of proper notice of the time of holding any of the views, or that this road is a mere cul de sao.
The principal complaint is, that the court refused to order a third review of the road, and it is plain that this is not error. But the complainants think they need it to recover their damages. This arises from a misapplication of the cases of Durnells and the Chartiers’ Roads, 8 Casey 888, and 10 Id. 418. In neither of those cases was the road law changed…
2Cited by2 opinions
- Huntingdon Co. v. KauffmanSupreme Court of Pennsylvania · 1889
- Middlecreek Township Road CaseSuperior Court of Pennsylvania · 1948