Stouffer v. Stouffer
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1896, by plaintiff from decree of Q. S., Juniata Co., setting aside the reports of viewers and reviewers. Exceptions to reports of viewers and reviewers as to assessment of damages in the matter of petition to view, lay out and vacate roads. Viewers and reviewers having been appointed to lay out a road and vacate part of the old road supplied, reported, laying out the road and fixing the damages.
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Appeal, No. 6, March T., 1896, by plaintiff from decree of Q. S., Juniata Co., setting aside the reports of viewers and reviewers. Exceptions to reports of viewers and reviewers as to assessment of damages in the matter of petition to view, lay out and vacate roads. Viewers and reviewers having been appointed to lay out a road and vacate part of the old road supplied, reported, laying out the road and fixing the damages. Exceptions were filed setting out that the reports failed to show any width of the road laid out as a basis upon which damages were assessed.The court below, Lyons, P. J.,…
1Opinion of the Court
Opinion by
Beaver, J.,
The several assignments of error in this case raise but a single question, namely, is it essential to the validity of the return of viewers appointed to lay out a public road and assess the damages occasioned thereby that the viewers indicate in their report the width of the said road as the basis upon which the assessment of damages was made ?
The act of the 13th of June, 1836 (P. L. 551), expressly prescribes the duties of the viewers appointed for laying out or vacating public roads, and also the duty of the court of Quarter Sessions if it shall approve the report of…
2Cases cited6 opinions
- In re Road in Plumcreek TownshipSupreme Court of Pennsylvania · 1885
- Township of East Union v. ComreySupreme Court of Pennsylvania · 1882
- Road to Ewing's MillSupreme Court of Pennsylvania · 1858
- Huntingdon Co. v. KauffmanSupreme Court of Pennsylvania · 1889
- In re Shaefferstown RoadSupreme Court of Pennsylvania · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
- In re Road in Smithfield TownshipMonroe County Court of Quarter Sessions · 1937
- Whiting v. Sotlar, Pennsylvania Court of Common Pleas, Lawrence County1966