Marinclin Appeal

Opinion by

Montgomery, J.,

This appeal by John Marinclin and Goldie Marinclin, his wife, is from an order confirming the report of a board of viewers, which established a fourteen-foot private road across appellants’ property to give to petitioner Mae G. Urling access to a public road from her adjoining property. The proceeding was based on the Act of June 13, 1836, P. L. 551, §11, as amended, 36 P.S. §2731.

Appellants first question the sufficiency of the preliminary order appointing the board of viewers because it did not specifically direct that board to make a finding of necessity. Section…