Cornplanter Township Road

Citations

• 26 Pa. Super. 20
• 1904 Pa. Super. LEXIS 253

Syllabus

<p>Road law — Termini—Petition—Report of viewers.</p> <p>A petition for a road view lies at the foundation of all subsequent proceedings, and can do no more than to state the beginning and end of the road. Reasonable certainty in the description of the termini in the petition is requisite ; but mathematical precision often would be impracticable, and is not absolutely indispensable.</p> <p>Where the objection urged against the sufficiency of the description in the petition is based on allegations of fact outside of the record, the decision of the quarter sessions overruling it will not be reversed unless manifest error has been committed, this for the obvious reason that that court having the evidence before it is in a better position to judge of the meritoriousness of the objection than the appellate court is without it.</p> <p>A petition for a public road “ beginning at a point on the Cherry Run road between the house of William Cromaclc, and a red tank in the borough of Rossville, and ending at a point on the Franklin and Warren road at or near .the barn of Peter Bankson, in Cornplanter township,” sufficiently designates the termini, under the facts of the case.</p> <p>The designation of the termini in the report of viewers should substantially conform to that in the petition; all that is necessary is that they be described so that the road can be located with reasonable certainty. If there is substantial conformity between the petition and the report, and either terminus is definitely fixed in the report, a defect in the description of the other terminus is not necessarily fatal ; for this may be ascertainable by tracing the courses and distances reported.</p> <p>Road law — Notice to township commissioners — Act of May 2, 1899, P. L. 176.</p> <p>Where the record of a road proceeding shows that the commissioners of a township accepted notice of the petition, and the report of viewers sets forth that ten days’ notice was given to the road commissioners of the time