Rostraver Township Road
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1902, by Pittsburg, McKeesport & Youghiogheny Railroad, from order of Q. S. May T., 1900, No. 11, dismissing exceptions to report of viewers in In re Rostra ver Township Road. Exceptions to report of viewers.
Read the full summary
Appeal, No. 29, April T., 1902, by Pittsburg, McKeesport & Youghiogheny Railroad, from order of Q. S. May T., 1900, No. 11, dismissing exceptions to report of viewers in In re Rostra ver Township Road. Exceptions to report of viewers. From the record it appeared that the Pittsburg, McKeesport & Youghiogheny Railroad filed the following exceptions to the report of viewers: 1. The township in which the road is laid does not appear in the petition, order of appointment or report of viewers. 2. The name of this exceptant as an owner of land traversed by the proposed public road does not appear in…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. As the act of 1836 does not expressly require the township to be named in the petition, order to view or report of viewers, the omission to name it is not cause for reversal of the order of confirmation where the termini of the proposed road are so precisely described in the petition, and the road itself is so precisely described in the report of viewers, as to leave no room for doubt as to its location. This question has been at least twice decided by the Supreme Court in the way above stated. In Road in Bellevernon, 15 W. N. C. 232, Mr. Justice Trttnkey, speaking…
2Cases cited6 opinions
- In re Road in South Abington TownshipSupreme Court of Pennsylvania · 1885
- Diamond Street, PittsburgSupreme Court of Pennsylvania · 1900
- Private Road of A. J. RocheSuperior Court of Pennsylvania · 1899
- Road in Manheim TownshipSuperior Court of Pennsylvania · 1900
- Road in Upper Darby TownshipSuperior Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cornplanter Township RoadSuperior Court of Pennsylvania · 1904
- West Donegal Township RoadSuperior Court of Pennsylvania · 1902
- Middlecreek Township Road CaseSuperior Court of Pennsylvania · 1948
- Quemahoning Township RoadSuperior Court of Pennsylvania · 1905