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In Re Petition of John C. Alston, et al, To Widen a Public Road in St. Georges Hundred.

Delaware Court of General Sessions1898-06-17
1 Penne. 35917 Del. 359

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Court

decided that the language of Section 4, standing alone, was broad enough to admit of such a construction as counsel contended for ; that is, that the word ‘1 change ’ ’ could be construed to mean alter ; but that the language of Section 5 restricted the word ‘ ‘ change ’ ’ in section 4, to mean change the course of. While there was authority given in the statute to lay out a new road, to change the course of a road already laid out, or to vacate a road, yet that there was no power given therein to widen a road.

The return of the commissioners was therefore set aside; and the Court refused to make an order taxing the costs.