In re Public Road in Roaring Brook Township

Citations

• 72 Pa. Super. 447
• 1919 Pa. Super. LEXIS 345

Syllabus

<p>Roads — Road view — Report of viewers — Reasons for action — Review.</p> <p>Where a report of viewers reports against the opening of a proposed road, and gives as a reason therefor, matters which could not properly be considered by them in the investigation as to the necessity of the proposed road, the court can review such reasons, and when they are illegal or invalid, can set aside the report. Under such circumstances it is not error to set aside a report of review, when the amended report merely eliminated the reasons given in the first report, and did not show that additional hearings had been held or that the case had been considered de novo.</p> <p>Roads — Road view — Board of viewers — Composition of Act of June 28,1911, P. L. 1128.</p> <p>To refer a report back to the same viewers who sat in the original view for review is not improper. The Act of June 23, 1911, P. L. 1123, provides for a permanent board of view and fixes the minimum number at three and the maximum at nine. Necessarily occasions will arise where the same viewers will be required to consider matters which they have passed upon heretofore.</p> <p>Roads — Road law — New road — Description—Termini—Act of April S3, 1909, P. L. 1&.</p> <p>The Act of April 23, 1909, P. L. 42, requires that a petition for the laying out of a road shall fix definitely, the point of beginning and the point of ending, by giving the exact distance from an intersecting public road, and the report and draft upon confirmation shall be certified to the State highway department. The puiqpose of the act is to give that department the information required in order to have a complete system of the roads of the Commonwealth. Where a reference to the map, submitted in the case, removes any doubt as to the identity of the road, and the termini therein referred to, the requirements of the act are substantially complied with.</p>