Legal Opinion

Keeling's Road

Supreme Court of Pennsylvania

Decided November 4, 1868PublishedCited by 5 opinions

Certiorari to the Court of Quarter Sessions of Allegheny county: No. 31, to October and November Term 1868. On the 17th of August 1867, Joseph Keeling presented a petition to the Court of Quarter Sessions, setting forth that he “labors under great inconvenience for want of a private road under ground to certain coal-mines owned by him in Lower St. Clair township: beginning at the present southerly end of the Ormsby Coal Railroad, on line of land of Margaret Giffin, in said…

Read the full summary

Certiorari to the Court of Quarter Sessions of Allegheny county: No. 31, to October and November Term 1868. On the 17th of August 1867, Joseph Keeling presented a petition to the Court of Quarter Sessions, setting forth that he “labors under great inconvenience for want of a private road under ground to certain coal-mines owned by him in Lower St. Clair township: beginning at the present southerly end of the Ormsby Coal Railroad, on line of land of Margaret Giffin, in said township; thence under the surface of said Margaret Giffin’s land to the said coal-mines of your petitioner, being…

1Opinion of the Court

The opinion of the court was delivered, November 16th 1868, by

Sharswood, J.

It is an old and well-settled canon of construction that statutes in pari materid are to be construed together. It was accordingly held in the case of Neeld’s Road, 1 Barr 353, that the Act of April 16th 1838, § 19, Pamph. L. 642, providing for the laying out of private roads “under the surface of any land” to coal-mines, is to be regarded “as if it were a section in the General Road Law.” The act by itself, as is said by .the court in that case, is very crude and imperfect, and it could not be carried into effect…

2Cited by5 opinions

  1. In Re Private Road in Nescopeck TownshipSuperior Court of Pennsylvania · 1980
  2. Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
  3. In re Private Road of RearickSuperior Court of Pennsylvania · 1898
  4. Home Owners' Loan Corp. v. Boscarino, Pennsylvania Court of Common Pleas, Westmoreland County1938
  5. In re Road in Conemaugh TownshipSomerset County Court of Quarter Sessions · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API