Appeal of Hogsett

Citations

• 2 Pa. Super. 265
• 1896 Pa. Super. LEXIS 50

Syllabus

<p>Appeals — Mailers not reviewable.</p> <p>In a proceeding for creating a county bridge the necessity for the bridge, the ability of the township or townships to bear the expense and the propriety and expediency of erecting it as a county bridge, or of assisting the township or townships to erect it, are matters committed to the judgment and discretion of the viewers, the grand jury, the county commissioners and the court below, exercised in successive stages of the proceedings, and their decision is not reviewable if the proceedings are regular and were authorized by law.</p> <p>Judgments — Effect of — Collateral review.</p> <p>In a proceeding to create a county bridge, the regularity of the proceedings whereby the roads or streets on which it is constructed were ordained cannot be questioned collaterally nor reviewed on appeal.</p> <p>Navigable stream — Roads and streets.</p> <p>There is as much authority in law for laying out a street in a borough across a navigable stream as there is for laying out a township road in the same way.</p> <p>Roads and streets — Highways.</p> <p>Streets regulated and repaired by the authority of a municipal corporation are as much highways as are public roads laid out by authority of the court of quarter sessions. The word “ road” may be fitly used to designate a city or borough street and the expression ‘ ‘ public road or highway ” used in the 35th section of the act of June 13, 1836, relative to the erection of county bridges, includes streets or alleys in a borough.</p> <p>County bridges — Boroughs—Townships.</p> <p>The legislature intended the act of 1836 to include borough streets as well as township roads, and the statute contemplates the erection of a county bridge in a borough or connecting two boroughs.</p>