In re Road in Hampton Township

Citations

• 72 Pa. Super. 484
• 1919 Pa. Super. LEXIS 352

Syllabus

<p>Road law — Opening of road — Notice of proceedings — Failure to give notice to supervisors — Waiver—Act of March 29, 1905, P. L. 09.</p> <p>Where no written notice of proceedings to lay out and open a public road has been given to township supervisors or commissioners such proceedings, may, on proper application, be set aside; but applications of that character are always made to courts of original jurisdiction and the appellate court will not reverse for an objection which was not brought to the notice of the court below.</p> <p>Where there was no application to set aside the proceedings or exception filed in the court below, based on the failure to comply with the Act of 1905, the appellate court will not reverse, especially in view of the fact that the supervisors appeared at the view in their official capacity.</p> <p>Road law — Review—Act of June 12, 1826, P. L. 551, Sec. S5— Practice, Q. S. — Rule of court.</p> <p>The rule of the Court of Quarter Sessions of Allegheny County, prescribing that a petition for a review must be made before the expiration of the first week of the term succeeding that in which the report of the viewers is filed (Rule 39), is a valid rule and does not conflict with the Act of June 12, 1836, P. L. 551, which provides that any person interested shall be entitled to a review upon application therefor if made “at or before the next term of the said court, after the report of the first view.”</p> <p>The court has power, by standing rule or otherwise, to arrange the business of the term, and designate the certain days or periods on which different kinds of business shall be transacted, and on which special cases will be heard or applications entertained. The general rule is that appellate courts will not reverse the lower court as to the construction which it places on its own rules, except in cases of manifest error.</p>