Loyalsock Township Road

Citations

• 26 Pa. Super. 219
• 1904 Pa. Super. LEXIS 294

Syllabus

<p>Road law — Local act — Lycoming county — Vacation of road — Widening of road — Assessment of damages — Acts of February 24, 1845, P. L. 52, May 8, 1850, P. L. 713, March 24, 1868, P. L. 464, and April 3, 1903, P. L. 137.</p> <p>Under the local road laws applicable to Lycoming county independently of the Act of April 3, 1903, P. L. 137, one and the same set of jurors may vacate a portion of a township road, supply its place, widen the road throughout its length, and assess the damages.</p> <p>The provisions of the Act of June 13, 1836, P. L. 555, are superseded so far as Lycoming and certain other counties are concerned by the Act of February 24, 1845, P. L. 52, May 8, 1850, P. L. 713 and March 24, 1868, P. L. 464, in. so far as to permit the same jury to vacate a portion of a road, supply its place, widen the whole road, and assess the damages against the township.</p> <p>The Act of April 3, 1903, P. L. 137, relating to widening or altering certain public roads does not repeal the local Act of March 24, 1868, P. L. 464, nor affect its application to a case, where the viewers report against the imposition of the costs and damages on the municipalities mentioned in the second proviso of the act of April 3, 1903.</p> <p>Where road viewers in widening a road make no assessment against a street railway company on the condition that the company shall change the location of its road so as to conform to the road as widened, the condition may be disregarded as mere surplusage, and cannot be made a basis on the part of the street railway company of an exception to the report of viewers.</p>