Road in Dunbar Township

Citations

• 12 Pa. Super. 491
• 1900 Pa. Super. LEXIS 268

Syllabus

<p>Road laxo — The petition is the foundation of the record — Requisite certainty as to termini.</p> <p>In road proceedings the petition for view lies at the foundation of the record, and it must state the beginning and ending of the proposed road. The termini must be fixed and described with reasonable accuracy. If either terminus is fixed, uncertainty as to the other may be cured if the courses and distances of the road as located make the other terminus ascertainable, but where the courses and distances and one terminus are uncertain the defect is fatal.</p> <p>Road law — Rower of court to quash order to open road for fatal defects of record.</p> <p>The court may review its own record and quash the proceedings after the expiration of the term at which the order confirming the report of the viewers became absolute, although the time for the exercise of discretionary powers is passed. For fatal error apparent on the face of the record, a court may quash its own writ of execution at any time during the life of the process, and where it is apparent from the face of the record that a terminus and the courses and distances of a road are uncertain, the court may quash an order to open a road although such action is fatal to the whole proceedings.</p>