Moxham & Ferndale Bridge

Citations

• 36 Pa. Super. 298
• 1908 Pa. Super. LEXIS 157

Syllabus

<p>Bridges — Freeing of bridge — Examination of witnesses — Timely request for examination of witnesses — Act of May 8, 1876, secs. 3, 4, P. L. 131.</p> <p>Under the Act of May 8, 1876, P. L. 131, relative to the freeing of toll bridges and providing that “it shall be the duty of the court and grand jury, if requested, to hear and examine witnesses for and against,” the confirmation of the report, timely request' must be made in order to entitle the party making it to such a hearing as a matter of. right. If no such request is made until after the report has been approved by the court and grand jury, the appellate court will not review the discretion of the lower court in refusing the request; and this is especially the ease where the paper in which the request was made contained no averment of any excuse for not presenting it before, and it does not appear from the record that the court refused to hear witnesses on behalf of the appellant, or to consider testimony that was presented in depositions.</p>