Road Case
Supreme Court of Pennsylvania
CERTIORARI to the Quarter Sessions of Susquehanna county. This was an application for a public road to lead from the Bridgewater and Wilkesbarre Turnpike to the Milford and Owego Turnpike. The whole length of the road prayed for was 65 perches.
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CERTIORARI to the Quarter Sessions of Susquehanna county. This was an application for a public road to lead from the Bridgewater and Wilkesbarre Turnpike to the Milford and Owego Turnpike. The whole length of the road prayed for was 65 perches. As reported by the viewers, it began on the Milford and Owego Turnpike, at the centre of a public street 80 feet wide, in the town of Montrose, and ran along the centre of that street 29 perches, until it struck the lower line of a public road running in the same direction 36 feet wide, and thence along the said road 36 perches to the Bridgewater and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
— There are two exceptions to this road, either of which is fatal. The first is, that the court have not directed of what breadth it shall be opened, although they have approved of it. The 4th section of the Act of the 13th June 1836, relating to roads, &c. enacts; “ If the court shall approve of the report of the viewers allowing a road, they shall direct of what breadth the road so approved shall be opened, and at the next court thereafter, the whole proceedings shall be entered on record, and thenceforth such road shall be taken, deemed…
2Cited by11 opinions
- Road in Dunbar TownshipSuperior Court of Pennsylvania · 1900
- Road to Ewing's MillSupreme Court of Pennsylvania · 1858
- In re Road in LackawannaSupreme Court of Pennsylvania · 1886
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- West Pikeland RoadSupreme Court of Pennsylvania · 1870
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