In re City of Pittsburg

Citations

• 179 Pa. 630
• 36 A. 293
• 1897 Pa. LEXIS 701

Syllabus

<p>Road law — Practice, G. P. — Viewers — Evidence—Act of May 16, 1891.</p> <p>In proceedings under the act of May 16, 1891, P. L. 71, relating to the improving of streets, the court has power upon exceptions to the report of viewers, to modify or change the assessment, or to refer the report back to the same or to a new jury of view, and it is the duty of the court to supervise and review the work of the viewers, and to correct errors to which its attention is called by the exceptions filed; but every presumption is in favor of the award, and unless errors in the proceedings or findings are pointed out the report should be confirmed. The work of the court is that of review on exceptions filed, and it is not its duty to proceed de novo and consider all the testimony taken, and make a new award.</p>