In re Public Road in the Borough of Minersville

Opinion delivered Aug. 12, 1872, by

Walker, J.

— Nine exceptions to the confirmation of this rejjort have been filed by Ann Sixsmith, a property-holder on the proposed street.

The first is, that the Court has no jurisdiction to lay out a new road over the bed of an old one.

There is some evidence that part of the proposed road runs over ah old street, but the weight of the testimony establishes the fact that it was. *7«sed "by property-holders for themselves, and that it was^ never regarded as a public road, or opened or repaired by the borough. But even if it were, the Court could still lay out a…