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Home : Quarterly Archives : Volume 26 |
Tredyffrin Easttown Historical Society |
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Source: October 1988 Volume 26 Number 4, Pages 149–157 A Road from the Great Valley to the Lancaster Turnpike In early May of 1852 nineteen persons living in Tredyffrin Township filed a petition with the Court of Quarter Sessions in West Chester. In it they alleged that they were "under great inconvenience for want of a public Road or Highway" from the Valley to the Lancaster Turnpike, and requested that a jury of view be appointed to "view and lay out the said Road". To the Honorable the Judges of the Court of Common Pleas of the County of Chester now holding a Court of Quarter Sessions of the Peace in and for said County The petition of Sundry inhabitants of the townships of Tredyffrin and Easttown in said County, Respectfully Represents: That your petitioners labor under great inconvenience for want of a public Road or Highway, Beginning at a point in the township of Tredyffrin on the Swedes' Ford Road on the line between lands of Joshua Jones and the late James Jones and crossing the State Road and extending up the hollow by Benjamin Supplees and leading thence along the line of land of Jonathan Lewis and John Laws and extending thence by the most direct route to the Lancaster Turnpike in the township of Easttown. Your petitioners therefore respectfully ask your Honors to appoint proper persons to view and lav out the said Road according to law. The requested road was about midway between the two roads that at that time ran south from Swedesford Road up the hill to the Turnpike; one from Centerville, to the east, and the other from Howellville, to the west. The petition was signed by Saml. H. Davis, William Riter, William Roberts, Joseph B.Walker, Isaac R. Massey, Wm. Davis, Valentine Hughes, E. Potts, J. H. Dice, John Golden, Griffith Wetherby, Robert Dunwoody, Henry Scott, Robert Gamble, Mifflin Lewis, John Kugler, John T. Getty, and Cromwell Curll. It was filed on May 14, 1852. On that same day the Court appointed William D. Haines, Carter Worthington, John Worthington, George B. Matlack, William Sharples, and Lewis T. Hoopes as the jury of view. Their duties, as described in the printed form used when a petition for a public road or highway was presented to the Court, were "with impartiality and fidelity ... to view the ground proposed for the said road; and if they, or any five of them view the same, and any four of the actual viewers agree that there is occasion for such a road, they shall proceed to lay out the same ... having respect for the best ground for a road, and the shortest distance, in such a manner as to do the least injury to private property; and if practicable, the said viewers shall lay out the said road at an elevation not exceeding four degrees, except at the crossing of ravines and streams, ... and shall make report thereof, stating particularly whether they judge the same necessary for a public or private road, together with a plot or draft thereof, and the curves and distances, and references to the improvements (and townships) through which it may pass, to the next Court of Quarter Sessions, to be held for the said county". On June 26 the jury reported to the Court that it had "viewed the ground for the proposed road". To the Judges of the Court of Quarter Sessions of the peace in the within order named We the subscribers appointed by the said Court to view and lay out the road in the said order mentioned; report that, having been first severaly affirmed according to law, all the persons named as viewers in the said order, viewed the ground for the proposed road and five of us whose names are hereunto subscribed concuring, did lay out and now return the same for a public road: Beginning in the Sweedsford road on the line between lands of Joshua Jones and the late James Jones deceased, thence along the line dividing the improved lands of Joshua Jones, and the heirs of Saml. Stearne deceased, on one side and the land of the heirs of James Jones deceased on the other side, and on the bed of a private road, South thirty degrees and twenty five minutes East, Seventy four perches and two tenths, to the division line between lands of Joshua Jones and the heirs of Saml. Stearne one hundred and sixteen perches to the State road, two hundred and three perches, whole distance to a post; Thence through unimproved land of heirs of Saml. Stearne, South three degrees and fifty minutes West thirteen perches and twelve hundredths and South seven degrees and forty minutes East : seventeen perches - and South thirteen degrees and fifty five minutes East, fifteen perches, and South eighteen degrees and ten minutes East ten perches and two tenths, to a line of Joseph Walker's and George W. Lewis's land; Thence through unimproved land of the said Joseph Walker South eight degrees and fourty minutes East, seven perches and four tenths, and South ten degrees and fourty minutes East, thirteen perches and six tenths, and South four degrees and ten minutes East Eight perches and fourty Eight hundredths, and South twenty three degrees and thirty five minutes East fifteen perches and six tenths to a post; Thence through unimproved lands of Benjamin F. Supplee and Henry Kauffman South fourty four degrees and fourty minutes East twenty five perches and fourty Eight hundredths, and South twenty eight degrees and ten minutes East nine perches and six tenths, and South thirty four degrees and ten minutes nine perches and Eight tenths, and South twenty two degrees and ten minutes East ten perchesand ninety two hundredths, to a corner of Jonathan Lewis' and John Lawses' Land's; Thence on the line dividing the improved lands of said Lewis and Laws's, South twelve degrees and ten minutes East, Seventy two perches to a stone in a public road on a line between the Townships of Tredyffrin and Easttown; thence in the Township of Easttown, through improved lands of George Ritchner, South seven degrees and thirty five minutes West ten perches and sixty four hundredths, to a Poplar tree inthe old Lancaster road, in a line dividing the improved lands of John Laws and Joseph Lewis, Thence along the line dividing the improved lands of the said J. Lewis and John Laws, South thirty degrees and twenty five minutes East, Seven perches and Eight tenths to the south line of John Laws's land; thence by the same course and improved lands of Joseph Smith and the said John Lewis, Sixty one perches and five tenths to the Lancaster Turnpike -- The foregoing courses are noted according to the established maredian for Chester County -- A draft whereof [Figure 1] is hereto annexed -- The report, as noted above, was signed by five of the six members of the jury, all except William Sharpies. It was read at the July session of the Court, at which time it was "confirmed Nisi [that is, unless there were objections to it] and ordered to be recorded and [the road] opened 33 feet wide". There were objections. On October 25 two petitions, identical in their wording, were filed with the Court, in which it was stated that the proposed road would be "very injurious" to the petitioners, and praying that it be reviewed by another jury. To the Honourable the Judges of the Court of Quarter Sessions in and for Chester County. The petition of a number of the Inhabitants of Easttown and Tredyffrin Townships in said County, respectfully sheweth That a road has been laid out by order of the Court, Beginning in a line dividing lands of Joshua Jones, Esq. and heirs of James Jones, thence by line of lands of heirs of James Jones, and heirs of Samuel Sterne, thence by line of lands of Joseph Walker and George W. Lewis, thence by line of lands of Henry Kauffman, and Benjamin F. Supplee, thence by line of lands of Jonathan Lewis and John Laws. Thence by lands of George Reichner. Thence by line of lands of John Laws, Joseph Smith and Joseph Lewis to the Lancaster Turnpike, which road has been confirmed Nisi. Which road if confirmed by the Honorable Court, will be very injurious to your petitioners, and burthensome to the Inhabitants of the townships through which the same runs. Your petitioners therefore pray your Honors to appoint proper persons to review the said road and parts adjacent, and make report to the Court according to Law. And your petitioners will each pray &c
Figure 1: Original survey of "a road beginning in the Swedesford Road & Ending in the Lancaster Turnpike" One petition was signed by forty-one "divers persons", most of them from Easttown Township, and the other by forty persons, most of them living in Tredyffrin. Among the 81 signers of the two petitions, incidentally, were four people whose lands abutted the proposed road or over whose lands the road would pass: Joshua Jones, Joseph Lewis, Joseph Walker, and Jonathan Lewis. (It's an old Welsh proverb that "Handsome slices we can make, when we cut another's cake"!) Upon receipt of these petitions the Court, on that same day, appointed another jury of "proper persons, to review the said road and parts adjacent". Its members were Abram V. Trimble, Peter Boyer, John H. Kinnard, Esau Strickland, George Thomas, and Marple Corson. At the January session of the Court the jury reported that it had been "prevented by the indisposition of some of us from surveying the road ... in time to report to this Court", but at the April session its report was presented. It was a brief six-line report, dated April 11, 1853 and was signed by all the appointees except Peter Boyer. To the Honorable the Judges within mentioned We the subscribers appointed by the written order to view the road therein mentioned report that having first been duly qualified according to law, we have viewed the said road and ground adjacent and are of opinion that there is no occasion for such a road. On April 26 this report was read by the Court, and confirmed Nisi. Now it was the proponents of the read who objected. A little over a week later another petition, this time signed by thirty-one persons, was presented to the Court, alleging that "the want of said Road will be burthensome and a serious inconvenience to the public". To the Hon. Townsend Haines and his associates, Judges of the Court of Quarter Sessions of the Peace in and for the County of Chester. The petition of the subscribers inhabitants of Easttown and Tredyffrin in said County Respectfully Represents: That at the October session of the said Court a jury was appointed to review a certain Road beginning at a point in the Sweedsford Road on a line between lands of Joshua Jones and the late James Jones and crossing the State Road and extending up the Hollow by Benjamin Supplees and thence along the line of the lands of Jonathan Lewis and John Laws and extending thence to the Lancaster turnpike in the township of Easttown, Which Jury have made report to this Court at the present Sessions that in their opinion their [sic] is no occasion for said Road.
Figure 2: Revised survey of the road Your petitioners further represent that the confirmation of the said report of the said Jury and the want of said Road will be burthensome and a serious inconvenience and loss to the public and they therefore pray the Court to Appoint a Jury to re-review Said Road and parts adjacent and make a report to the Court according to law -- And they will be &c. Among the thirty-one petitioners, incidentally, were five persons over or by whose lands the road would run: Benjamin Supplee, George W. Lewis, John Lewis, Joseph B. Walker, and Joseph C. Smith. And so, on May 4, another jury was appointed by the Court, "to re-review the said road and parts adjacent", the "re-" being inserted by hand onto the printed form. This new jury included Nathan Garrett, George Kirk, Ezra Thomas, Isaac Ruth, William Y. Griffith, and Joseph Barr. On June 27 it made its report to the Court. To the honorable the Judges within Named We the persons appointed to re-review the Road within mentioned and parts adjacent, having first been duly affirmed according to law, Do Report: That in pursuance of the said order, we did re-review the said road and parts adjacent and laid out for public use the following road, to wit: [Here follows a description of the road, following the same route as the original survey through the hollow and up the hill, but changed slightly as it approaches the old Lancaster road and the Lancaster Turnpike, as shown in Figure 2.] The report was signed by all six jurors. At the July session of the Court, on July 25, 1853 this report was "Read and Confirmed Nisi and ordered to be recorded & opened 33 feet wide". How long the construction of the road took is not indicated, but it would appear from the statements in a petition filed in September 1854 that it was not completed until the spring of 1854, almost two years after the filing of the original petition. On September 11 of that year a petition for damages as a result of the construction and opening of the road was filed by Joshua Jones, David Havard (as guardian of the children of James Jones), Peter R. Latch (for the heirs of S. Stearns, deceased), Benjn. F. Supplee, Jonathan T. Lewis, John Lewis, John Kugler, and Joseph C. Smith. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of Chester The petition of the subscribers and citizens of the townships of Easttown and Tredyffrin in said County -- Respectfully Represent. That a Road has lately been laid out and opened for public use by order of said Court Beginning at the Sweedsford Road on the line between lands of Joshua Jones and the late James Jones, deceased, and ending in the Lancaster Turnpike in the said townships of Easttown and Tredyffrin which Road so laid out was confirmed by said Court at the July Sessions 1853 and opened through lands of your said petitioners within six months last past by which your petitioners have sustained damages -- They therefore pray the Court to appoint suitable persons to view and assess the damage they have respectively sustained by reason of the said Road passing through their lands. And they will &c. Two days later, on September 13, 1854, the Court appointed George Kirk, Ezra Thomas, Isaac Ruth, Wm. Y. Griffith, Joseph Barr, and Jeffrey Smedley, "six disinterested men [the printed form described them] to view and adjudge the amount of damage (if any) sustained by the petitioners by reason of said road". All but Smedley had also served on the jury that had "re-reviewed" and laid out the road the previous year. A month later, on October 13, they reported To the Honorable Judges of the Court Within Named We the Subscribers appointed by the within order to view and asses [sic] the damages Sustained by the within Petitioners do report That having been previously affirmed according to law We did view the Ground through wich [sic] the Said Road passes and that upon due consideration as well of the advantages as disadvantages are of the Opinion that Joshua Jones Sustained damages To the amount of Forty Dollars; David Havard, Guardian of the children of James Jones, Seventy five dollars; Peter R. Latch for the Heirs of Samuel Stearne deed, Seventy five dollars; Joseph C. Smith, Thirty dollars; Benjn F. Supplee, Seventy Six dollars; Jonathan T. Lewis, Forty dollars; John Laws, One hundred & Sixteen dollars; and John Kugler, Forty five dollars. The total damages amounted to $467. On November 6 the report was read by the Court and confirmed Nisi. Two days later an exception was filed by the County Commissioners, on the ground that they had "had no notice of the time of meeting of the jury to view the ground and assess the damages". With this exception there was also an affidavit by one of the Commissioners, Jacob Kulp, affirming that "the statement of fact set forth in the above exception is true as he verily believes". In view of this exception, on November 8 a rule was granted "to show cause why the report of the jury should not be set aside", with the matter "returnable the 2nd Monday in December next". On December 11, 1854 the rule was "made absolute" and the report of the jury set aside. Accordingly, on that date the Court also appointed a new jury, composed of Joel Thompson, Joseph Dowdell, John Richards, Nathan Wickersham, Abner Haines, and Isaac Pyle to asses the amount, if any, of the damages. Its report was completed on January 25, 1855, awarding a total of only $213.76 in damages. To the Honorable Judges within named We the viewers appointed by the within order of Court to view and Assess the damages by the petitioners by reson [sic] of the premises in the said order mentioned. Do report that having been severally Affirmed according to law we viewed the lands through which the within road passes and upon due consideration as well the advantages as disadvantages assessing to the petitioners the subscribers are of the opinion that Joshua Jones and David Havard Guardian of the Children of J Jones are not intitled to any damage but of the opinion that Peter R. Latch is intitled to Twenty two Dollars and Fifty Cents Benj F Supplee Eighteen Dollars Jonathan T Lewis Fourty Eight Dollars and Twenty Five Cents John Laws One Hundred Dollars Joseph C Smith Thirty Dollars and John Kugler Twenty Five Dollars and we do report the same accordingly. On February 2 the report was read and confirmed Nisi. There being no further objections or exceptions, the report was then recorded in the Docket Book, and the amounts paid. Thus, after almost three years of controversy and litigation, requiring the appointment of five different juries of view, the Docket was finally closed. The name of this road? Appropriately, it is CONTENTION LANE. (Actually, only that part of the road running from Swedesford Road to Berwyn Baptist Road in Tredyffrin Township is now known as Contention Lane; the southernmost section, in Easttown Township, is now called Francis Avenue, for the Francis family that later lived and owned property along it.) Ironically, as it crosses the bridge over the former Chester Valley Railroad, the road today is a one-way road northbound, and closed to traffic traveling south from Swedesford Road. Thus the road in fact no longer provides "a public Highway" from the Valley "beginning at a point in the township of Tredyffrin on the Swedes' Ford Road ... and extending to the Lancaster Turnpike"! |
