Opening of Troubat Avenue

Citations

• 10 Pa. Super. 27
• 1899 Pa. Super. LEXIS 235

Syllabus

<p>Road law — Appeals—Exception to report of jury raising questions of fact.</p> <p>The appellate court cannot consider exceptions to the report of a road jury which raise only questions of fact.</p> <p>Appeals — Theory of trial below followed.</p> <p>The appellate court will regard a case as the trial judge was led to view it from the pleadings, the evidence and the contention of counsel.</p> <p>Road law — Neglect to reswear jury cannot be raised on appeal.</p> <p>It is too late to ask before the appellate court for the reversal of the whole proceedings on an exception, alleging that a jury of view had not been resworn, which could, and if well founded should have been brought to the attention of the jury of view at their first meeting after reappointment and to the court below on the argument of the case.</p>