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· 7/14/1909

Kennedy Township Road

Citations

  • 40 Pa. Super. 70
  • 1909 Pa. Super. LEXIS 567

Syllabus

<p>Road law — Petition for road — Termini—Description.</p> <p>1. Absolute precision is not required in designating the termini in a petition for a public road. Reasonable definiteness, however, is necessary.</p> <p>2. A road petition described one of the termini as the point on another public road at or. near a particular schoolhouse, and a particular farm. The draft submitted with the report of viewers showed that the farm named extended for a long distance on one side of the public road, and that the schoolhouse was not on that road nor on the farm, but thirty rods or more in the opposite direction from the last course of the new road. Held that the description of the termini was not sufficiently definite to support the report of the jury of view.</p> <p>3. In such a case the petition is the basis of the pleading, and the validity of the proceeding depends on its sufficiency.</p>

Judges: Head, Henderson, Morrison, Orlady, Porter, Rice

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