Road in Kingston Township

Citations

• 134 Pa. 409
• 19 A. 750
• 1890 Pa. LEXIS 718

Syllabus

<p>1. When, in a proceeding to lay out a public road, there have been filed reports by the viewers and reviewers, and exceptions have been filed to both reports, a final order confirming the report of the viewers disposes of the report of the reviewers, and also the exceptions thereto, as fully as if the court had so done.in express terms.</p> <p>2. Under § 2, act of February 24, 1845, P. L. 52, providing that if viewers shall decide in favor of locating a public road, and it shall appear to them that any damages will be sustained, it shall be their duty to assess and report the same, an omission to assess and report damages is equivalent to a finding that none have been sustained.</p> <p>8. Where both viewers and reviewers have found a proposed road to be practicable and necessary for the public convenience, an exception that they have not passed upon a contingent liability to a railroad company arising out of the cost- of substituting in future a culvert through an embankment, instead of a trestle, will not be sustained.</p>