Road in Milton
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Northumberland county. This was a proceeding to lay out and open a road in the borough of Milton, in which, on the petition of certain persons in said borough, five viewers were appointed, who returned for public use a road beginning at “Front Street,” and running through improved property belonging to Mrs. Wilson, and Messrs.
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Certiorari to the Quarter Sessions of Northumberland county. This was a proceeding to lay out and open a road in the borough of Milton, in which, on the petition of certain persons in said borough, five viewers were appointed, who returned for public use a road beginning at “Front Street,” and running through improved property belonging to Mrs. Wilson, and Messrs. Comly, Rhawn, Chapin, and others, and directed that the sum of §>1487.50 be paid to Mrs. Wilson by the county of Northumberland, for damages occasioned by the opening of the road. The Quarter Sessions confirmed the report so far as…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
The Act of 22d April 1856 is a supplement to the Borough Act of 1851, and applies only to cases where the borough authorities have power to lay out new streets, and therefore it has no application to this case. And it would seem very unjust to give it such an application as to throw the damages for opening the road entirely on the borough or its inhabitants, for the road is ordered by the county authority, the court, whether the borough wants it or not, and the inhabitants of the borough have to contribute to the damages for all roads…
2Cited by5 opinions
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- Appeal of HogsettSuperior Court of Pennsylvania · 1896
- Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907
- In re Road from Houston to CanonsburgWashington County Court of Quarter Sessions · 1925
- Wayne Township Poor Overseers v. Ellwood City Borough Poor OverseersSuperior Court of Pennsylvania · 1905