Legal Opinion

Newville Road Case

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 14 opinions

CERTIORARI to the quarter sessions of Cumberland county. Case of the road from the brick school house on Corporation street, in the borough of Newville, to the Cumberland’Valley rail road, near where the said road crosses the Big Spring, in Newton ■township, Cumberland county. • On the 9th of August 1S36, the petition of the inhabitants of the borough of Newville, was presented to the court of quarter sessions of Cumberland county, praying the court to appoint six reputable…

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CERTIORARI to the quarter sessions of Cumberland county. Case of the road from the brick school house on Corporation street, in the borough of Newville, to the Cumberland’Valley rail road, near where the said road crosses the Big Spring, in Newton ■township, Cumberland county. • On the 9th of August 1S36, the petition of the inhabitants of the borough of Newville, was presented to the court of quarter sessions of Cumberland county, praying the court to appoint six reputable freeholders to lay out a public road, commencing as near as may be to the brick school house on Corporation street, in…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This case was removed here by certiorari, from the court of quarter sessions of Cumberland county. Several exceptions have been taken to the proceedings in the court below.

1. The first exception is, that the court of quarter sessions have no authority to lay out a public road in the borough of Newville. The question depends on the construction of the act of assembly of the 26th of February 1817, to incorporate the town of Newville. Unless there is some provision in that act, restricting the powers of the court of quarter sessions under the…

2Cases cited2 opinions

  1. Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
  2. Case of the Road from the North end of Erie StreetSupreme Court of Pennsylvania · 1826

3Cited by14 opinions

  1. Somerset & Stoystown RoadSupreme Court of Pennsylvania · 1873
  2. Herrington's PetitionSupreme Court of Pennsylvania · 1920
  3. State Highway Route No. 72Superior Court of Pennsylvania · 1919
  4. City of Philadelphia v. LinnardSupreme Court of Pennsylvania · 1881
  5. In re the Vacation & Supply of a Public RoadSupreme Court of Pennsylvania · 1883

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