West Donegal Township Road

Citations

• 21 Pa. Super. 620
• 1902 Pa. Super. LEXIS 422

Syllabus

<p>Road law — Certiorari—Record—Evidence—Questions of fact.</p> <p>A certiorari in road proceedings does not bring up the evidence, and, therefore, the appellate court has no power to review the questions of fact passed upon by the court below on depositions submitted to the court.</p> <p>Road law — Vacation of road — Record—Discretion of court.</p> <p>Where a petition for the vacation of a road sets forth in general terms that the road “ has become useless, inconvenient and burdensome,” and the report of the viewers sets forth the fact that the road crosses a new line of a double track railroad, there is sufficient on the face of the record to move the discretion of the court to vacate the road, apart from the facts disclosed by the deposition.</p> <p>Road law — Vacation of road — Improvements—Appeals.</p> <p>On an appeal from an order vacating a road, it is too late to raise for the first time an objection that the report of the viewers and the draft attached thereto did not describe improvements.</p>