Pocopson Road

Decided March 15, 1851

Supreme Court of Pennsylvania · decided 1851-03-15

On the 2d day of February 1848, Stephen Darlington petitioned the court, setting forth that he laboured “ under great inconvenience for want of a private road leading from the south-east side of his farm to the street road, near the west end of Painter’s bridge, over Brandywine.” Viewers were appointed, who reported a private road as prayed for. To this report exceptions were filed, which were overruled, and the report confirmed.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-03-15

How this case has been cited

Cited by 21 later decisions — most recently September 2017

20 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per curiam.

¶1None of the exceptions but one has an appearance of substance. Viewers of a private road are required by the road law to report whether it is necessary: the viewers of the road have reported that there is occasion for it, and hence it is argued they have not reported enough. Mere convenience is perhaps not so; but a report is never drawn with the precision of an indictment, and, in the apprehension of the mass, the terms are convertible. If this exception were to prevail, very few private roads would stand the test.

¶2Proceedings affirmed.