Drumore Township Road

Citations

• 49 Pa. Super. 493
• 1912 Pa. Super. LEXIS 356

Syllabus

<p>Road law — Vacation of road — Occupation of highway by railroad— Acts of February 19,1849, sec. 18, P. L. 79, and June 18,1886, P. L. 661.</p> <p>1. Under the Act of June 13, 1836, sec. 18, P. L. 551, authorizing the appointment of viewers to vacate a public road, the court of quarter sessions may appoint viewers, although prior to the filing of the petition a railroad company had laid its tracks upon the road in question without having constructed a new road to take the place of the old one thus obstructed.</p> <p>2. Under the Act of June 13, 1836, P. L. 551, authorizing the appointment of viewers to vacate a public road, a petition for the ■appointment of such viewers is sufficient if it sets forth that the road had “become useless, inconvenient and burdensome.”</p> <p>Road law — Appeals—Certiorari—Questions of fact — Review.</p> <p>3. On an appeal from an order of the court of quarter sessions dismissing exceptions to the report of viewers vacating a public road, the appellate court cannot review matters of fact although such matters are discussed in the opinion of the court below. The writ of certiorari in such a case brings up the record only.</p>