Big Run Road

Citations

• 47 Pa. Super. 166
• 1911 Pa. Super. LEXIS 129

Syllabus

<p>Appeals — Certiorari—Bill of exceptions — Road law — Vacation of road.</p> <p>1. An appeal in a proceeding to vacate a public road takes up for review only what was brought up by a certiorari before the passage of the Act of May 9, 1889, P. L. 158, namely, the record, of which the evidence forms no part.</p> <p>2. The statute 13 Edw. I., ch. 31, which gave a bill of exceptions to “one that is impleaded before any of the justices,” though reported to be enforced in Pennsylvania, has never been construed to extend to summary proceedings not according to the common law.</p> <p>3. On an appeal in a road case rulings on the admission and rejection of testimony cannot be considered, although such rulings are supported by bills of exceptions.</p> <p>Road law — Vacation—Road in two counties.</p> <p>4. Where a road in one county joins at the county line a road in another county the road in the first county may be vacated by the court of quarter sessions of that county, unless it appears that the two roads had been laid out by the concurrent action of the two counties.</p> <p>5. The appellate court cannot review the action of the court of quarter sessions, vacating a road to the county line so as to leave a road in an adjoining county, which had connected with the vacated road, running to a cul-de-sae.</p> <p>6. Sec. 26 of the Act of June 13,1836, P. L. 551, only refers .to roads laid along a line which divides two adjoining counties and has no application to a road in one county connecting at the county line with a road in another county.</p>