Huntingdon Co. v. Kauffman

Citations

• 126 Pa. 305
• 17 A. 595
• 1889 Pa. LEXIS 874

Syllabus

<p>1. Tinder the provisions of the act of May 14, 1874, P. L. 164, relating to the assessment of damages arising from the opening of roads, etc., the assessment of damages by the jury of view is conclusive, unless an appeal, review or modification thereof is provided for by the laws existing in the particular county at the time.</p> <p>2. The general road law, act of June 13, 1836, P. L. 555, containing no provision for a separate review upon the assessment of damages, it is error for the Quarter Sessions, in the absence of a local or special act conferring the power, to appoint a jury of view or review for the ascertainment of damages alone: Aewville Bor. Road, 8 W. 172; Durnall’s Road, 32 Pa. 383; Chartiers Tp. Road, 34 Pa. 413; Spring Garden Road, 43 Pa. 144, explained.</p> <p>3. The laws mate no provision for the payment of the viewers, when a separate view or review is ordered upon the question of damages; the act of May 19, 1887, P. L. 139, was not intended for such purpose: it is therefore error for the court to impose the costs of such a view upon the county.</p>