Legal Opinion

South Chester Road

Supreme Court of Pennsylvania

Decided January 24, 1876PublishedCited by 6 opinions

Certiorari to the Court of Quarter Sessions of Delaware county: Of July Term 1875, No. 135. On the 28th of May 1874, a petition was presented for the view of a road to begin in Seventh street, at the line between the city of Chester and the borough of South Chester, and to end in a public road called Highland Avenue, at a point, &c., in said borough of South Chester; the street prayed for being an extension of Seventh street in the city of Chester.

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Certiorari to the Court of Quarter Sessions of Delaware county: Of July Term 1875, No. 135. On the 28th of May 1874, a petition was presented for the view of a road to begin in Seventh street, at the line between the city of Chester and the borough of South Chester, and to end in a public road called Highland Avenue, at a point, &c., in said borough of South Chester; the street prayed for being an extension of Seventh street in the city of Chester. After reports of viewers and reviewers, a jury of re-review was appointed April 6th 1875. The re-reviewers reported that there was occasion for a…

1Opinion of the Court

Judgment was entered in the Supreme Court

2Per curiam

The public road lies within the borough of South Chester as laid out by the viewers, and as is manifest from the entire record. Being wholly within the borough, the Court of Quarter Sessions had not jurisdiction, as is well shown in the case of the Somerset and Stoystown Road, 24 P. F. Smith 61. The Act of April 12th 1869, does not rejoeal the General Borough Law of 3d óf April 1851, and the supplement of April 22d 1856, as regards the point in controversy, viz., jurisdiction. It is an act intended to regulate the proceedings of the viewers under any…

3Cited by6 opinions

  1. Rothwell v. California BoroughSuperior Court of Pennsylvania · 1902
  2. McCall v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
  3. Streets & Alleys in Parkesburg BoroughSupreme Court of Pennsylvania · 1889
  4. Board of Commissioners v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
  5. Hibberd v. County of DelawareSuperior Court of Pennsylvania · 1896

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