
    East Deer Township Road. West’s Appeal.
    
      Boad law—Vacation and relocation—Termini—Viewers.
    
    A petition for a view and relocation of a portion of road, known as the Crawford Run road, specified “ that a part of said road through the township of East Deer, beginning at a point on the Pittsburgh and Ereeport road at Hites station, the beginning of said road, to a point on the line of said road in said township at the property of Thomas Norman,” was inconvenient and burdensome. The viewers specified that they had located a road “ beginning at a point in the Pittsburgh and Freeport road at Hites station, the beginning of said Crawford Run road,” giving courses and distances to the other terminus, and vacating old road. The plan showed that the road as actually laid out began at a point on the Pittsburgh and Freeport road, sonic thirty rods nearer to the railway station than did the old road. Held, that it was not improper to confirm the report of the viewers.
    Argued Nov. 7, 1892.
    Appeal, No. 239, Oct. T., 1892, by Harry F. West, a property owner, from order of Q. S. Allegheny Co., June T., 1890, No. 7, confirming report of viewers appointed to locate public road.
    Before Paxson, C. J., Williams, McCollum, Mitchell and Heydkick, JJ.
    Exceptions to report of road viewers.
    , The petition averred “ that a public road was long since laid out and opened, leading from the Pittsburgh and Freeport road, at or near Hites station, West Penn, railroad, to Logan and Butler road, at the.property of Henry Nevergold, which is known and usually designated as the Crawford Run road, that a part of said road through the township of East Deer, beginning at a point on the Pittsburgh and Freeport road at Hites station, the beginning of said road, to a point on the line of said road in said township, at the property of Thomas Norman (which is now kept by August Johnston, a tenant of Norman) ; and also another portion between what was known as Simon’s property, on the line of said road, to the terminus of said road, on the Logan and Butler road, in said township, have become inconvenient and burdensome by reason of the very steep grades of said road, coming up from Pittsburgh to Freeport road, and other points and places of said road in said township of East Deer. .
    “Petitioners therefore pray the court to appoint qualified persons to have the premises inquired into, and the expediency of making said change, and report to the next term of court whether the same is inconvenient and burdensome, and report such change or vacation thereof, if any, as they may deem neoessary to avoid the steep grade aforesaid.”
    The viewers reported that they had located a road “ Beginning at a point in the Pittsburgh and Freeport road at Hites' station, the beginning of said Crawford Run road,” giving the courses and distances to the other terminus which corresponded exactly to the terminus named in the petition; and vacating all portions of the old road rendered unnecessary by the opening of the new road.
    . The plan accompanying the report showed that the road actually began at a point on the Pittsburgh and Freeport road some thirty rods nearer Hites station than did the old road.
    Exceptions were filed inter alia as follows, by appellant:
    “ 1. The road as laid out does not begin and terminate at the points named in the petition for view or the order directing said view.” [1]
    
      “2. Neither the report of the viewers nor the plan thereto attached showed at what point on the Freeport road the said new road begins.” [2]
    Exceptions overruled and report confirmed.
    
      Errors assigned were (1, 2) dismissing exceptions, quoting them.
    
      James E. Roll, for appellant, cited:
    Twenty-eighth Street, 33 Leg. Int. 64; Lower Merion Road, 58 Pa. 67; Ligonier Road, 21 Pitts. L. J., O. S. 92; Abington Twp. Road, 2 Montg. Co., L. R. 92.
    
      John 8. Lambie, A. M. Brown with him, for appellee, cited:
    West Chester Road, 2 Rawle, 421; Reserve Twp. Road, 80 Pa. 165 ; Springdale Twp. Road, 91 Pa. 260; Penn Valley Road, 4 Yeates 514; Miller’s Road, 9 S. & R. 35; Bean’s Road, 35 Pa. 280.
    January 3, 1893:
   Per Curiam,

Proceedings affirmed.  