In re Road in Lewistown

Supreme Court of Pennsylvania

In re Road in Lewistown

84 Pa. 410, 1877 Pa. LEXIS 191

DecidedJune 11, 1877

StatusPublished

This text of 84 Pa. 410 (In re Road in Lewistown) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Road in Lewistown, 84 Pa. 410, 1877 Pa. LEXIS 191 (Pa. 1877).

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Opinion

Mr. Justice Gordon

delivered the opinion of the court,

In this case there was a view of the road or street which is the [411]*411subject of controversy, on which there was a favorable report, and an assessment of damages in favor of George Blymyer of $833. A re-view was granted, on which there was a report unfavorable to the proposed way or street; and finally, on a re-re-view, the report was favorable to the road as first reported and located by the original view, and damages were found in favor of George Blymyer in the sum of $350. The court confirmed the first report, including the assessment of damages. This was wrong. The discretion of the court did not extend to a choice between the damages assessed by the first and last sets of viewers. The approval should have embraced the damages last assessed: Road in Bensalem Township, 2 Wright 368.

The order of the Court of Quarter Sessions is reversed, and the record is remitted with a procedendo.

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Mr. Justice Gordon

delivered the opinion of the court,

In this case there was a view of the road or street which is the [411]*411subject of controversy, on which there was a favorable report, and an assessment of damages in favor of George Blymyer of $833. A re-view was granted, on which there was a report unfavorable to the proposed way or street; and finally, on a re-re-view, the report was favorable to the road as first reported and located by the original view, and damages were found in favor of George Blymyer in the sum of $350. The court confirmed the first report, including the assessment of damages. This was wrong. The discretion of the court did not extend to a choice between the damages assessed by the first and last sets of viewers. The approval should have embraced the damages last assessed: Road in Bensalem Township, 2 Wright 368.

The order of the Court of Quarter Sessions is reversed, and the record is remitted with a procedendo.

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84 Pa. 410, 1877 Pa. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-road-in-lewistown-pa-1877.