General
King's Road
1 U.S. 111 Dall. 11·Supreme Court of Pennsylvania·1764·PA
William Allen, Chief Justice, William Coleman and Alexander Stedman, Justices.
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Opinion
SEPTEMBER TERM, 1764.
William Allen, Chief Justice, William Coleman and Alexander Stedman, Justices.
King’s Road.
Road law.
The review of a road is a matter of right.
[MAJORITY]
On confirmation of a road by the justices of Chester county, the record was brought up by certiorari; and it was moved to reverse the judgment of confirmation, because the justices below, had refused to grant a review', though petitioned thereto, by a person who complained he was aggrieved by the road running through his improved ground. On argument, the Court reversed the judgment for that reason, alleging that a review, though not taken notice of in the act of assembly, had always been granted, and was now become a matter of right.
In tho cases of the Strasburg road (2 Yeates 53), and the Berlin road (3 Id. 263), it was also held, that a review is a matter of right for parties interested; and now, by the act of 1802, § 22 (3 Sm. L. 521), the quarter sessions are authorized and required to grant a review in all cases. A second review may be granted by the sessions (2 Binn. 250), but it is discretionary with them (2 Yeates 53). And see 1 Bro. 210 3 S. & R. 236.