Balliet v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. This was an action which was instituted before a justice of the peace in the name of the Commonwealth of Pennsylvania, for the use of William Walp, against Stephen Balliet, Jr., under the 68th section of the general road law of 13th June, 1836, in which it is provided, “ If any person shall stop or obstruct any public road or highway, or shall commit any nuisance thereon, by felling trees, making fences, turning the road, or in any…
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Error to the Common Pleas of Lehigh county. This was an action which was instituted before a justice of the peace in the name of the Commonwealth of Pennsylvania, for the use of William Walp, against Stephen Balliet, Jr., under the 68th section of the general road law of 13th June, 1836, in which it is provided, “ If any person shall stop or obstruct any public road or highway, or shall commit any nuisance thereon, by felling trees, making fences, turning the road, or in any other way, and do not, on notice given by the supervisor of the respective township, forthwith remove the nuisance, and…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
All except one of the questions raised by the specifications of error in this case, may be dismissed by saying that the decision of them below did not prejudice the party complaining of them.
The record of the road alleged to be obstructed, shows that it was laid out and confirmed to the river Lehigh (which is a navigable stream), and therefore the road runs to the water’s edge, even though the viewers, in laying it out, did not actually survey or mark it, and the supervisors have not worked upon it, further than the top of the bank.
It…
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