Carlisle Street

Citations

• 55 Pa. Super. 223
• 1913 Pa. Super. LEXIS 347

Syllabus

<p>Road law — Report of viewers — Findings of fact — Profile plan.</p> <p>1. Every presumption is in favor of an award of a road jury, and the findings of the viewers on questions of fact approved by the lower court will not be disturbed by the appellate court, except for clear error appearing from the record.</p> <p>2. Where a title written at the head of a report of viewers, is not the real title of the proceeding, and the real title indicating the proper length of the view appears in the body of the report and in the notices and other papers attached to the report, the court will disregard the title at the heading, although such title may have been ambiguous, misleading, or incorrect.</p> <p>3. When a city undertakes in one proceeding to both open and grade a street, and actually completes the physical change there is no question as to the right of an owner to recover any damages he may suffer from the grade, and there is no necessity for making a record of what the grade regulation is; for the regulation has been executed and the record is upon the ground. The Act of May 26, 1891, P. L. 117, requiring a profile plan, showing the grade, to be attached to the report, is not applicable in such a proceeding.</p>