Private Road of A. J. Roche

Citations

• 10 Pa. Super. 87
• 1899 Pa. Super. LEXIS 245

Syllabus

<p>Road law — Practice, Q. S. — Conformity of petition and report.</p> <p>Where the record shows substantial conformity between the petition and report of the jury the law is complied with.</p> <p>Report of viewers includes draft — Location of termini.</p> <p>Under the Act of June 13, 1836, P. L. 655, the draft of the proposed road which, by section 3 of the said act, is required to be annexed to the report of the viewers and returned with it to court, is to be considered as a part of the report in passing upon the designation of termini, and when the draft locates the termini with reasonable certainty this is sufficient to sustain the report.</p> <p>Road law — Appeals—Review confined to record — Presumption as to fads.</p> <p>The quarter sessions court must be presumed to have arrived at a correct conclusion of fact unless the contrary appears from the record. In road cases the appellate court has nothing before it but the record proper of which neither the testimony nor the recital of facts in the opinion filed by the court below is a part.</p>