Skip to main content
· 10/11/1909

Benton Township Road

Citations

  • 41 Pa. Super. 57
  • 1909 Pa. Super. LEXIS 12

Syllabus

<p>Appeals — Paper-books—Road law — Petition.</p> <p>1. The jurisdiction of the court to appoint road viewers or confirm any report which they may make is dependent on the terms of the petition for the appointment of viewers. Such petition must describe the termini of the proposed road with reasonable accuracy, and the termini of the road as located by the viewers must be in substantial compliance with the petition. If, on appeal, the petition is not printed in the appellant’s paper-book, the appellate court is justified in quashing the appeal.</p> <p>Road law — Report of viewers — Discretion of court — Act of February 24, 1845, P. L. 52.</p> <p>2. In passing upon the report of a road jury the judge of the court of quarter sessions is vested with discretion to approve or disapprove the report.</p> <p>3. Under the local law of February 24, 1845, P. L. 52, relating first to Luzerne county and afterwards to Lackawanna county, the court of quarter sessions has the discretion to approve or disapprove the report of.á road jury.</p>

Judges: Beaver, Head, Henderson, Morrison, Porter, Rice

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.