Road in Herrick & Ararat Townships

Citations

• 16 Pa. Super. 579
• 1901 Pa. Super. LEXIS 114

Syllabus

<p>Road law — Certiorari—Questions of fact.</p> <p>On an appeal from an order of the quarter sessions in a road proceeding, the appellate court cannot review question's of fact passed upon by the lower court, inasmuch as the evidence is not a part of the record.</p> <p>Water companies — Eminent domain — Condemnation for road purposes of land used for reservoir.</p> <p>Land appropriated by a water company for a reservoir may be condemned for road purposes, under the conditions fixed by law. Whether such conditions exist is a question of fact which cannot be determined on certiorari.</p> <p>Road law — Report of viewers — Location—True meridian.</p> <p>An exception to a report of viewers to the effect that it “fails to show that the survey and location of the road was according to the true meridian, as required by the act of assembly,” is not well taken where the report describes the first course as “ south 44 degrees west as the needle now points (the magnetic variation being now about 8 degrees).” No surveyor would be at a loss to locate the course from this description.</p> <p>Road law — Requisites of viewers' report.</p> <p>A road viewers’ report should state particularly, first, who of them were present at the view; second; whether they were severally sworn or affirmed ; third, whether the road desired be necessary for public or private road, and the viewers should also “ annex and return to the court a plot or draft” of the road, “ stating the courses and distances, and noting briefly the improvements through which it may pass.”</p>