Lampeter Township Road

Citations

• 35 Pa. Super. 379
• 1908 Pa. Super. LEXIS 47

Syllabus

<p>Road, Law — Viewers—Petitioners—Identity of names.</p> <p>While identity of name indicates identity of person the inference flowing therefrom is at most a rebuttable inference of fact, not a conclusive presumption of law. Hence, if the question whether two road viewers are the same persons as two petitioners for the road is to be raised at all, it ought to be raised by exceptions in the court below before the absolute confirmation of the report so that the petitioners for the road may have opportunity to meet it.</p> <p>An objection that an order of road views was altered after it left the hands of the clerk is one that should be made in the court below before the absolute confirmation of the report. '</p> <p>Where a report of viewers shows on its face that the viewers met in pursuance of notice at a time and place indicated, before the end of the term, it is immaterial that the report was filed two days after the beginning of the next term, where a rule of court provides that viewers shall make their report on or before the third day of the next sessions.</p>