Road in Kiskiminitas Township
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Armstrong county. On the 8th June 1855, the court below confirmed a report of viewers laying out a public road, leading from another public road between John Smeltzer’s barns to the Saltsburg road, in Kiskiminitas township, Armstrong county, through the improved lands of David Eindley; and directed the same to be opened of the width of thirty .feet.
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Certiorari to the Quarter Sessions of Armstrong county. On the 8th June 1855, the court below confirmed a report of viewers laying out a public road, leading from another public road between John Smeltzer’s barns to the Saltsburg road, in Kiskiminitas township, Armstrong county, through the improved lands of David Eindley; and directed the same to be opened of the width of thirty .feet. On the 10th May 1858, David Findley filed a petition for the assessment of his damages sustained by the opening of the road; and viewers were appointed, who reported that he had sustained damages to the amount…
1Opinion of the Court
*10The opinion of the court was delivered by
Lowrie, C. J. —
We cannot regard the setting aside of the report of the viewers for excessive damages, as a final order in this case, and, therefore, we must declare this certiorari to be prematurely taken.
The petition is the commencement of the complainant’s action for damages; and having commenced it properly, he has a right to have it' carried through to the end. If his petition were fatally defective in time or matter, it would be dismissed; but mere irregularities or errors in other parts of the proceeding, are not fatal to his action. Those are…
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