In re Vacation of Public Road
Superior Court of Pennsylvania
Appeal, No. 92, April T., 1899, by-supervisors of Derry township, from decree of Q. S. Westmoreland Co., Nov. T., 1897, No. 6, dismissing exceptions to report of road viewers, recommending the laying out of á road and confirming the report of the road viewers. Opinion by Rice, P. J. Petition for road viewers.
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Appeal, No. 92, April T., 1899, by-supervisors of Derry township, from decree of Q. S. Westmoreland Co., Nov. T., 1897, No. 6, dismissing exceptions to report of road viewers, recommending the laying out of á road and confirming the report of the road viewers. Opinion by Rice, P. J. Petition for road viewers. Before McCohhell, J. It appears from the record that a petition by certain citizens of Derry township was filed alleging that the petitioners “labor under great inconvenience for want of a public road leading from Blairsville Intersection to Cokeville, along the eastern side of the right…
1Opinion of the Court
Opistioít by
Rice, P. J.,
Viewers are to have regard, not only to the distance, but also to the best ground for a road, the injury to private property, and as far as practicable- the desires of the petitioners : Act of June 13, 1836, P. L. 551, sec. 2. If they keep within the limits of their authority as to the terminal points, the presumption is that they did their duty in the selection of the route and had due regard to all those things which the statute mentions. If it be alleged as a fact, that they did not have due regard to them, the authority to inquire into the matter is in the quarter…
2Cases cited24 opinions
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