Road in Upper Darby Township

Citations

• 15 Pa. Super. 652
• 1901 Pa. Super. LEXIS 404

Syllabus

<p>Road law — Defective report — Noting improvements — Act of June 13,1836, sec. 3, P. L. 551.</p> <p>The provisions of the act of assembly of June 13, 1836, sec. 3, -which require the report of viewers relating to the opening of a road to note “ briefly the improvements through which it may pass,” are not complied with by merely writing the words “ improved land” in various places in the draft accompanying the report, so as practically to include each separate tract through or alongwhioh the road is laid out. Mere boundary lines are not improvements, but fences, buildings and clearings are improvements, and these should be noted.</p> <p>Where a report of viewers is defective because it fails to note the improvements on the lands through which the road passes, the defect cannot be taken advantage of after confirmation and in the appellate court, when no exceptions were taken thereto in the court below.</p>