Stewart v. Watkins

Dissenting Opinion by

Mb. Justice Robebts:

As the majority correctly holds, the Act of May 1, 1933, P. L. 103, §1105, 53 P.S. §66105 requires not only that a road be maintained by public funds for twenty-one years, but also that it be used for public travel for that length of time before the conclusive presumption arises that it is a township road. Assuming arguendo that there is sufficient evidence here to establish public maintenance* I caii find no evidence whatsoever in this record to support the chancellor’s finding, approved by a majority of this Court, of public user.

The road in question…