Sewickley Township Road

Citations

• 23 Pa. Super. 170
• 1903 Pa. Super. LEXIS 33

Syllabus

<p>Road law — Quashing proceedings — Certiorari.</p> <p>The court ol quarter sessions lias the power to quash all the proceedings in a road case down to and including an order to open, and an appeal from an order overruling that motion is in the nature of a certiorari, and brings up the record for the consideration of the Superior Court.</p> <p>Road law — Termini—Petition—Report of viewers — Draft.</p> <p>A motion to quash road proceedings on the ground that the petition does not show whether the terminus ad quid is east or west from the terminus a quo, will not be sustained where the terminus ad quid is rendered absolutely certain by the report of the viewers and the draft attached thereto.</p> <p>Road law — Vacation of road — Finding of viewers — Opinion of viewers— Act of June 13, 1836, sec. 18.</p> <p>Under the act of June 13, 1836, see. 18, the court cannot vacate a road unless it has become useless, inconvenient or burdensome, and can take no action upon a mere statement by viewers in their report, that they “ are of the opinion that the same is becoming useless and inconvenient on account of the construction of a coal tipple and railroad siding.”</p> <p>Road law — Notice to supervisors — Act of May 2, 1899, P. L. 177.</p> <p>Proceedings to vacate and supply a portion of the public road will not be quashed merely because it does not appear from the record that the notice required by the Act of May 2, 1899, P. L. 176', when there is no denial of the fact that the notice was given, and the report of the viewers expressly states that “ due notice of the view” was served on the supervisors.</p>