Rostraver Township Road

Citations

• 21 Pa. Super. 195
• 1902 Pa. Super. LEXIS 337

Syllabus

<p>Road law — Omission of township in proceedings.</p> <p>The omission of the name of a township in a township road petition, or order to view, or report of viewers, is not cause for reversal of the order of confirmation where the termini of the proposed road are so precisely described in the petition, and the road itself is so precisely described in the report of viewers, as to leave no room for doubt as to its location.</p> <p>Road law — Exceptions—Proof outside of record.</p> <p>Where the proceedings in a road case are regular on their face, and an exception alleges a fact, to establish which proof outside the record is required and the exception overruled, it must be presumed on appeal to the Superior Court that the question of fact was correctly decided by the court below. Thus on an appeal from the quarter sessions where neither in the record proper nor in the exceptions does it appear, or is it averred that the appellant was an owner of land crossed by the road, the appellate court cannot assume that the appellant is such an owner, and that the omission of his name was fatal.</p> <p>Road law — Notice—Report of viewers.</p> <p>The fact that the report of viewers in a road case does not set forth that notice was given to the landowners and how it was given, does not render the proceedings invalid.</p> <p>Road law — Report of viewers — Improvements—Appeals.</p> <p>On an appeal in a road case it cannot be objected to the report of viewers that it failed to set forth improvements on the land where no such objection was taken in the court below.</p>