Herron v. Carson
West Virginia Supreme Court
Gkeen, Judge, furnishes the following statement of the ease: On June 6., 1881, William Herron and twelve others of Hancock county, West Virginia, presented their petition, to the county court of said county, asking that court to appoint viewers “ for the purpose of viewing and reporting a public road to connect the Florance and Frankfort roads, through the lands of Lucinda Carson, William Herron and Alexander Cunningham, in precinct Ho. 8, Clay district, in said county.”
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Gkeen, Judge, furnishes the following statement of the ease: On June 6., 1881, William Herron and twelve others of Hancock county, West Virginia, presented their petition, to the county court of said county, asking that court to appoint viewers “ for the purpose of viewing and reporting a public road to connect the Florance and Frankfort roads, through the lands of Lucinda Carson, William Herron and Alexander Cunningham, in precinct Ho. 8, Clay district, in said county.” This petition states, “ that this road has been a traveled road open to the public for more than forty, years, but it never…
1Opinion of the Court
Green, Judge:
For a proper understanding of the legal questions involved in the record in this case it is necessary to give a brief history of the statute-law in Virginia and this State in reference to the establishment of public roads. By chapter two hundred and thirty-six of the Devised Code of 1819, vol. 2, p. 233, it was provided, that, when any persons shall apply to the county court to have a new' public road opened, the court shall appoint three viewers, w'ho being sworn should view' the ground and report the conveniences and inconveniences, which would result to individuals and to the…
2Cases cited8 opinions
- Norris v. CrockerSupreme Court of the United States · 1852
- Lord v. GoddardSupreme Court of the United States · 1852
- Trustees of Phillips Academy v. KingMassachusetts Supreme Judicial Court · 1815
- Chesapeake & Ohio Railway Co. v. HoardWest Virginia Supreme Court · 1880
- Adams v. Trustees, &c., of Town of ClarksburgWest Virginia Supreme Court · 1883
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3Cited by26 opinions
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- State v. HardenWest Virginia Supreme Court · 1907
- State v. MinesWest Virginia Supreme Court · 1893
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