O'Hara Township Road

Citations

• 152 Pa. 319
• 25 A. 602
• 1893 Pa. LEXIS 974

Syllabus

<p>[Marked to be reported.]</p> <p>Boad law — Beport of viewers — Designation of termini.</p> <p>A report of viewers and draft accompanying the report, which simply indicate the proposed road as starting from an undesignated and undescribed place on the side or margin of a road, and ending at an undesignated and undescribed place on a street, are fatally defective. Designating a point in a public road as near a borough or township line or near the corner oj a property owner seems to be too indefinite.</p> <p>A petition for a road prayed that viewers be appointed to view and lay out a road “ to begin at a point on the Pittsburgh and Freeport road, near corner of land of Mary Cyphers, and extending thence to a point in the northerly end of Eighteenth street in the borough of Sharpsburg near the line between said borough of Sharpsburg and said township of O’Hara.” The viewers reported that they located and distinctly marked on the ground a road “beginning at a point on the Pittsburgh and Freeport road near corner of land of Mary Cyphers,” then follow the courses and distances, “ to a point in the northerly end of Eighteenth street in the borough of Sharpsburg near the line between the borough and township of O’Hara.” In the draft annexed to the report two parallel lines at one end were marked “ Pittsburgh and Freeport road,” and two other parallel lines at the other end were marked “ 18th Street.” The courses and distances of the proposed road were given on the draft, beginning at the side of the Pittsburgh and Freeport road and ending in Eighteenth street; but there was no indication on the draft of any point of beginning, at any particular place, on the line of that road, or of any point of ending, at any particular place, on Eighteenth street. Meld, that the proceedings were fatally defective.</p> <p>Plot or draft — Failure to note improvements.</p> <p>Where a report states that a plot or draft of the road is returned “ showing courses and distances, and noticing br