Road in Upper Darby Township
Superior Court of Pennsylvania
Appeal, No. 104, Oct. T., 1900, by the Philadelphia and Baltimore Central Railroad Company, from order of Q. S. Delaware Co., March T., 1899, No. 1, dismissing exceptions to report of viewers in the matter of the road in the township of Upper Darby at Fernwood. Exceptions to report of viewers.
Read the full summary
Appeal, No. 104, Oct. T., 1900, by the Philadelphia and Baltimore Central Railroad Company, from order of Q. S. Delaware Co., March T., 1899, No. 1, dismissing exceptions to report of viewers in the matter of the road in the township of Upper Darby at Fernwood. Exceptions to report of viewers. Appellants objected to the report on the ground that the viewers instead of noting improvements upon the lands through which the road passed, merely marked in various places upon the draft accompanying their report, the words “improved land.” No exception however was made to this defect in the court…
1Opinion of the Court
Opinion bv
Beaver, J.,
Two questions are presented by this record: 1. Are the provisions of the Act of Assembly of June 13, 1836, P. L. 551, sec. 3, which require the report of viewers relating to the opening of a road, to note “ briefly the improvements through which it may pass ” complied with, when in the draft accompanying the report the words “ improved land ” are written in various places so as practically to include each separate tract through or along which the road is laid out ? 2. If such a réport be not a sufficient compliance with the act of assembly, can the defect be taken…
2Cases cited9 opinions
- O'Hara Township RoadSupreme Court of Pennsylvania · 1893
- Bean's RoadSupreme Court of Pennsylvania · 1860
- In re Road in Sterrett TownshipSupreme Court of Pennsylvania · 1887
- New Hanover RoadSupreme Court of Pennsylvania · 1852
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- West Donegal Township RoadSuperior Court of Pennsylvania · 1902
- Bristol Township RoadSuperior Court of Pennsylvania · 1912
- Rostraver Township RoadSuperior Court of Pennsylvania · 1902
- Quemahoning Township RoadSuperior Court of Pennsylvania · 1905
- Washington Township RoadLehigh County Court of Quarter Sessions · 1922