Hickory & Shenango Township Road

Citations

• 70 Pa. Super. 206
• 1918 Pa. Super. LEXIS 211

Syllabus

<p>Road law — Viewers — Petition—Order—Clerical error — State road — Jurisdiction.</p> <p>Where a petition in a road proceeding prays for the appointment of viewers to view and vacate a road, and the order appoints viewers to view, and if they deem proper to vacate the road, a mere recital in the order that the petition prayed for the appointment of viewers to “view and lay out” the road is not fatal to the proceedings after the viewers have reported in favor of vacating the road.</p> <p>A statement in an order appointing viewers that they are “to view the ground proposed for vacating the said road,” is not ground for setting aside a report in favor of the vacating of the road, where the evident inténtion was that the viewers were to view the ground occupied by the road proposed to be vacated.</p> <p>The Court of Quarter Sessions commits reversible error in dismissing proceedings to vacate a public road for lack of jurisdiction, on the ground that the road in question was a State road directed to be laid out under the Act of April 16, 1838, P. L. 649, on the boundary line between Beaver-and Mercer Counties, where the record shows that the road in question was laid out in proceedings in the Quarter Sessions in 1905, along the boundary line between two townships, but there is nothing to show that any road had been laid out as provided by the Act of 1838, or that the road in question was located in the same place as the road provided by the Act of 1838.</p>