In re Road in North Whitehall & South Whitehall Townships

Henninger, P. J.,

— Property owners along a private roadway or lane with one terminus at a highway in' North Whitehall Township and the other at a highway in South Whitehall Township, Lehigh County, Pa., petitioned this court for the appointment of viewers to lay out a public road between the termini to serve the persons living along the lane as well as the traveling public generally.

*438The petition was originally presented and docketed on February 21, 1949, and the court inadvertently appointed viewers despite lack of notice to the supervisors and county commissioners. Petitioners thereupon gave…