Road in Adams Township
Supreme Court of Pennsylvania
APPEAL BY THE PITTSB. ETC. BY. CO. EROM THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. No. 103 October Term 1889, Sup. Ct.; court below, No. 4 September Term 1883, Q. S. On June 29,1888, the Pittsburgh & Western Railroad Company filed a petition upon which a rule was granted to show cause why the court should not strike off an order confirming the report of viewers laying out a certain public road in Adams township, entered on March 5, 1884. The supervisors of the township…
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APPEAL BY THE PITTSB. ETC. BY. CO. EROM THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. No. 103 October Term 1889, Sup. Ct.; court below, No. 4 September Term 1883, Q. S. On June 29,1888, the Pittsburgh & Western Railroad Company filed a petition upon which a rule was granted to show cause why the court should not strike off an order confirming the report of viewers laying out a certain public road in Adams township, entered on March 5, 1884. The supervisors of the township answered, and after hearing, the rule was discharged. The rpetitioner then took this appeal, assigning as error the…
1Opinion of the Court
Per Curiam :
The first question that is suggested in this case is whether the refusal of the court to strike off the final order of confirmation, made more than five years ago, is reviewable here on appeal or otherwise.
The record shows that on November 13, 1883, viewers were duly appointed to view the route of a proposed public road, and the same day an order to view was issued. At the next sessions, December, 1883, the following order was made, viz.: “ Approved, and fix width of road at thirty-three feet, notice to be given according to rules of court.” Then, at March sessions, 1884, the…
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