Thompson's Private Road
Supreme Court of Pennsylvania
Hoad law — Practice—Amended report of viewers. Where viewers fail to report the fact that the owner of land over which a proposed private road is intended to pass had personal notice of the time and place of meeting of the viewers, they may do so, by permission of the court, in an amended report, without having the original report referred back to them for correction; but it is better practice to refer back the original report. Appeal, No. 89, Oct.
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Hoad law — Practice—Amended report of viewers. Where viewers fail to report the fact that the owner of land over which a proposed private road is intended to pass had personal notice of the time and place of meeting of the viewers, they may do so, by permission of the court, in an amended report, without having the original report referred back to them for correction; but it is better practice to refer back the original report. Appeal, No. 89, Oct. T., 1892, by A. W. Elliott et al., exrs. of Samuel Gibson, deceased, from Q. S. Allegheny Co., March T., 1891, No. 4, dismissing exceptions to…
1Opinion of the Court
Per Curiam,
This case, although called an appeal, has the effect only of a certiorari. We have nothing before us but the record. The principal grievance complained of is that the report of the viewers does not show that Samuel Gibson, the owner of the land through and over which the proposed private road is intended to pass, had personal notice of the time and place of meeting of the viewers, nor that he had notice of the time and place fixed for the assessment of damages. It is true that the report of the viewers does not state that notice had been given to the said Gibson. Exceptions to the…
2Cases cited1 opinion
- Beigh's RoadSupreme Court of Pennsylvania · 1854
3Cited by1 opinion
- In Re Inter-County BridgeSuperior Court of Pennsylvania · 1923