In re Washington Road

Citations

• 72 Pa. Super. 461
• 1919 Pa. Super. LEXIS 348

Syllabus

<p>Roads — Road views — Locus of road — Act of June 7, 1907, P. L. hhh-</p> <p>A road -which begins in one township and ends in another and does not occupy the division line, except where it bisects it, is not a public road between two or more townships as contemplated in the Act of June 7, 1907, P. L. 444.</p> <p>Under Section 1 of the Act of April 21, 1846, P. L. 416, the courts of quarter sessions have power to vacate public roads whether laid out by authority of law or existing by prescription or lapse of time and generally over all roads, except private roads, resting upon express grant, the evidence of which is still in existence. Where a petition avers that the road has been opened for a period of forty years, the court of quarter sessions has jurisdiction.</p> <p>Roads — Road views — 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 1911, 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 review — Report of viewers — Harmless error.</p> <p>Where no wrong or injury has resulted to any party in interest, from an alteration in the petition for the vacation of the road, even if made after the presentation of the petition, the order of the court will not be set aside.</p> <p>Where there is no evidence, either in the record or the deposition of the witness submitted, that the hearing of the board was held in any other place than as provided by the provisions of the Act of 1911, the proceedings will be presumed to have been conducted in strict accordance with the act.</p>