Pocopson Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Chester county. On the 2d day of February 1848, Stephen Darlington petitioned the court, setting forth that he laboured “ under great inconvenience for want of a private road leading from the south-east side of his farm to the street road, near the west end of Painter’s bridge, over Brandywine.” Viewers were appointed, who reported a private road as prayed for.
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Certiorari to the Court of Quarter Sessions of Chester county. On the 2d day of February 1848, Stephen Darlington petitioned the court, setting forth that he laboured “ under great inconvenience for want of a private road leading from the south-east side of his farm to the street road, near the west end of Painter’s bridge, over Brandywine.” Viewers were appointed, who reported a private road as prayed for. To this report exceptions were filed, which were overruled, and the report confirmed. At July term 1848, on the petition of Enos Painter, a jury of review was appointed, who reported that…
1Per curiam
None of the exceptions but one has an appearance of substance. Viewers of a private road are required by the road law to report whether it is necessary: the viewers of the road have reported that there is occasion for it, and hence it is argued they have not reported enough. Mere convenience is perhaps not so; but a report is never drawn with the precision of an indictment, and, in the apprehension of the mass, the terms are convertible. If this exception were to prevail, very few private roads would stand the test.
Proceedings affirmed.
2Cited by29 opinions
- Philadelphia Clay Co. v. York Clay Co.Supreme Court of Pennsylvania · 1913
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Washington Park, Inc. AppealSupreme Court of Pennsylvania · 1967
- Little AppealSuperior Court of Pennsylvania · 1956
- In Re Interest of ForresterSupreme Court of Pennsylvania · 2003
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