Fraser v. Pittsburg

Citations

• 41 Pa. Super. 103
• 1909 Pa. Super. LEXIS 18

Syllabus

<p>Road, law — Appeal from, viewers — Report of viewers — Evidence.</p> <p>1. If a party whose property is assessed for benefits to pay, exclusively, costs and expenses of the construction of an improvement, desires to raise a question as to the legal liability of his property for assessment, or whether a wrong rule has been adopted by the viewers in apportioning the charge, he may be heard on exceptions by the court and by appeal to the appropriate appellate court, but he has no right to a jury trial upon such questions.</p> <p>2. On the trial of an appeal from the award of a road jury, the report of the viewers is not admissible to show the total cost of the improvement in order that the inference may be drawn as to what proportion was charged against the property in question per foot front, where the property in question has been assessed only for its proportionate share of the costs and expenses of the improvement.</p>