Road to Ewing's Mill
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Allegheny county. On the 3d April 1855, the following petition, under the Act 24th February 1845 (Brightly’s Purd. 728, pi. 118), was presented to the court below: “ To the Hon. the Judges of the Court of Common Pleas of Allegheny county. Greeting: “ The undersigned, citizens of Moon and Robinson townships, wish to represent to your honourable body — That, whereas the public road leading from the farm of Wm.
Read the full summary
Certiorari to the Quarter Sessions of Allegheny county. On the 3d April 1855, the following petition, under the Act 24th February 1845 (Brightly’s Purd. 728, pi. 118), was presented to the court below: “ To the Hon. the Judges of the Court of Common Pleas of Allegheny county. Greeting: “ The undersigned, citizens of Moon and Robinson townships, wish to represent to your honourable body — That, whereas the public road leading from the farm of Wm. P. Ferree, in Moon township, to Ewing’s mill, being of such a steep grade, and crossing Montour’s Run so often, rendering said road almost useless in…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
These proceedings cannot be sustained. The Act of Assembly explicitly and imperatively requires' the court to direct of what breadth all roads shall be opened. The approval of *284the report of viewers is quite a distinct and independent act. But both are equally essential. “If the court shall approve of the report allowing a road,” is the language of the law; then, “they (the court) shall direct of what breadth the road so approved shall be opened.” The viewers have no authority over the width whatever. But there is no impropriety, perhaps, in…
2Cases cited2 opinions
3Cited by9 opinions
- Road in Dunbar TownshipSuperior Court of Pennsylvania · 1900
- Road in North Franklin TownshipSuperior Court of Pennsylvania · 1898
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- Road in Hempfield TownshipSupreme Court of Pennsylvania · 1888
- Hibberd v. County of DelawareSuperior Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.