Legal Opinion

Commonwealth v. Johnson

Supreme Court of Pennsylvania

Decided May 12, 1890No. 30PublishedCited by 3 opinions

APPEAL BY DEPENDANTS PROM THE COURT OP QUARTER SESSIONS OP LUZERNE COUNTY. No. 30 July Term 1889, Sup. Ct.; court-below, No. 181 September Term 1887, Q. S. On September 10, 1887, the grand jury returned as a true bill an indictment charging James Johnson and Stephen M. Elston, supervisors of Jackson township, with having neglected and refused to open a certain public highway in accordance with the order of the court, and as the same had been laid out by viewers, approved and…

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APPEAL BY DEPENDANTS PROM THE COURT OP QUARTER SESSIONS OP LUZERNE COUNTY. No. 30 July Term 1889, Sup. Ct.; court-below, No. 181 September Term 1887, Q. S. On September 10, 1887, the grand jury returned as a true bill an indictment charging James Johnson and Stephen M. Elston, supervisors of Jackson township, with having neglected and refused to open a certain public highway in accordance with the order of the court, and as the same had been laid out by viewers, approved and confirmed by the court. Issue. At the trial on January 30, 1888, it was shown in substance that on September 6,1886,…

1Opinion of the Court

Opinion,

Mr. Justice Green :

We think this case was correctly tried by the learned court below. The road which was opened in Jackson township was no part of the road which was laid out in that township by the viewers. It did not extend to the terminal point of that end of the road, and it ran in a different direction from that portion of the road as laid out by the viewers. It is true that the supervisor of Jackson, of the previous year, Chester Brown, did commence the opening of the part of the road in Jackson, on the route as finally completed by the present defendants. But he testifies…

2Cases cited4 opinions

  1. McMurtrie v. StewartSupreme Court of Pennsylvania · 1853
  2. Commonwealth v. ReiterSupreme Court of Pennsylvania · 1875
  3. Morrow v. CommonwealthSupreme Court of Pennsylvania · 1864
  4. Clark v. CommonwealthSupreme Court of Pennsylvania · 1859

3Cited by3 opinions

  1. Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
  2. Com. ex rel. Ballou v. Halifax Township Supervisors, Pennsylvania Court of Common Pleas, Dauphin County1926
  3. Commonwealth v. NeffClearfield County Court of Quarter Sessions · 1921

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