Legal Opinion

In re Private Road of Rearick

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 200PublishedCited by 1 opinion

Appeal, No. 200, April T., 1898, by William Shetler, from decree of Q. S. Armstrong Co., June Sess. 1897, No. 22, dismissing exceptions to the report of viewers. Exceptions to viewers’ report.

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Appeal, No. 200, April T., 1898, by William Shetler, from decree of Q. S. Armstrong Co., June Sess. 1897, No. 22, dismissing exceptions to the report of viewers. Exceptions to viewers’ report. Before Raybttrít, P. J. The petition of Absalom Reariek was filed for the appointment of viewers to view and lay out a private road from his dwelling house in Cowanshannock township to a point in the public road leading from Blanco to Kittanning at or near the line between the lands of A. W. Beer and William Shetler. Viewers were appointed who filed a report laying out the road as prayed for. The report…

1Opinion of the Court

Opinion by

Orlady, J.,

The law is well settled in road cases, that if the court has jurisdiction and the proceedings are regular on their face, we are not entitled to look beyond the record ; we cannot consider exceptions which raise only questions of fact: Montgomery County’s Appeal, 148 Pa. 640; Keller’s Private Road, 154 Pa. 547.

The proceedings in this case are regular, and inspection of the record fails to disclose any defect which would warrant a reversal.

It is true that the petition is for a private road from the dwelling house of the petitioner, and the draft of the surveyor as well as…

2Cases cited3 opinions

  1. Keller's Private RoadSupreme Court of Pennsylvania · 1893
  2. Hamilton StreetSupreme Court of Pennsylvania · 1892
  3. Keeling's RoadSupreme Court of Pennsylvania · 1868

3Cited by1 opinion

  1. West Pikeland Township Private RoadSuperior Court of Pennsylvania · 1909

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