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· 10/29/1888

Whiteley Road

Citations

  • 2 Monag. 194
  • 15 A. 895
  • 1888 Pa. LEXIS 813

Syllabus

<p>Under the Act of June 13, 1836, giving the court jurisdiction to change or vacate a road laid out, and the supplemental Act of May 3, 1855, where the road was opened in part, the court of quarter sessions has jurisdiction to lay out a new road to take the place of a road which has been previously laid out and opened in whole or in part.</p> <p>A petition for the appointment of viewers, under the Act of June 13, 1836, and the supplement of May 3, 1S55, which avers that the road sought to be vacated was “laid out” and “located on such bad ground that it was almost impassable,” need not specifically aver that the road had been opened, or that it had been opened in part.</p> <p>A report of roacl-viewers is not void for uncertainty because it designates the roads vacated only by reference to a draft attached to the report, on which the location of the roads vacated is indicated.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the defendant’s assurances that “[t]here would be definitely no chance” of a future event occurring “amount[ed] to nothing more than an expression of strong belief” and thus was not a misrepresentation for fraud purposes
  • statement prior to drilling well that there was “no chance of striking salt water” was opinion
  • well-digger’s statement that “there would be definitely no chance of striking salt water” “amount[ed] to nothing more than an expression of strong belief”
  • “The test to be applied in the case at bar to determine whether the defendant is to be relieved of its contract by reason of any alleged fraudulent misrepresentations is the same as that applied in actions of tort for deceit.”

Source: CourtListener parenthetical corpus (CC0).

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