West Liberty Avenue

Citations

• 70 Pa. Super. 348
• 1918 Pa. Super. LEXIS 248

Syllabus

<p>Appeals — Assignments of error — Exceptions to report of viewers.</p> <p>On an appeal from the action of the court in dismissing exceptions to a report of road viewers, an assignment of error will not he considered which merely sets forth the general order dismissing the exceptions, if it appears that there were ten exceptions, and the assignment does not quote any of them.</p> <p>Road law — Evidence—Filing testimony tahen before viewers.</p> <p>The Court of Common Pleas cannot he convicted of error in discharging a rule to show cause why testimony taken before a jury of view should not be filed. There is nothing in the Acts of May 16, 1891, P. L. 71, or June 23, 1911, P. L. 1123, which makes the testimony a necessary part of the report.</p> <p>Road law — Assessments—Partial improvement of street — Report of viewers — Validity of ordinance.</p> <p>The fact that twenty feet in the centre of the street has been im- ■ proved does not prevent an assessment for the remaining portion of the avenue.</p> <p>Where a petition asks that viewers be appointed to assess the benefits, the fact that the word “damages” is not used, is not ground for setting aside a report of viewers, where it appears that no damages were claimed by the exceptant, and the payment of damages did not affect his assessment.</p> <p>A prior viewer’s report confirmed absolutely is conclusive of the validity of the ordinance under which the proceedings were had.</p>