Drumore Township Road
Drumore Township Road
Opinion of the Court
Opinion by
The questions of law raised by the first, third, sixth and seventh assignments of error are well disposed of by the learned judge of the court of quarter sessions in his opinion filed in the case. The other assignments relate to questions of fact proper for the determination of the court of quarter sessions but not now before us as the writ of certiorari brings up the record only. We cannot go outside of that to consider matters of fact although they are discussed in the opinion of the court below: Hamilton St., 148 Pa. 640. The record is regular on its face and the argument of the appellant’s counsel has not persuaded us that the proceeding was erroneously confirmed.
The exceptions are overruled and the order affirmed at the cost of the appellant.
Reference
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- 1 case
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- Syllabus
- Road law — Vacation of road — Occupation of highway by railroad— Acts of February 19,1849, sec. 18, P. L. 79, and June 18,1886, P. L. 661. 1. Under the Act of June 13, 1836, sec. 18, P. L. 551, authorizing the appointment of viewers to vacate a public road, the court of quarter sessions may appoint viewers, although prior to the filing of the petition a railroad company had laid its tracks upon the road in question without having constructed a new road to take the place of the old one thus obstructed. 2. Under the Act of June 13, 1836, P. L. 551, authorizing the appointment of viewers to vacate a public road, a petition for the ■appointment of such viewers is sufficient if it sets forth that the road had “become useless, inconvenient and burdensome.” Road law — Appeals—Certiorari—Questions of fact — Review. 3. On an appeal from an order of the court of quarter sessions dismissing exceptions to the report of viewers vacating a public road, the appellate court cannot review matters of fact although such matters are discussed in the opinion of the court below. The writ of certiorari in such a case brings up the record only.