
    BALDWIN TOWNSHIP ROAD.
    Where road viewers report that the proposed road will not damage-the property through which it passes, the report will not be set aside, because it does not show that the land-owners were asked to release-
    Certiorari to Quarter Sessions of Allengheny County. No. 173, October and November Term, 1874.
    The report of viewers set forth that the proposed road would cause no damage to the land through which it passed, but would be a benefit thereto. It did not set forth that they had endeavored to obtain releases from all the owners. Two landowners-excepted to the report, alleging that they had not been asked 1o release. The Court overruled the exception and confirmed the report. This certiorari was then taken.
    
      
      L. K. P. Duff, Esq., for the plaintiff in error,
    cited Chartiers Twp. Road, 34 Pa. 413.
    
      C. Fcttcnnan, Esq., contra, cited
    Burkholder vs. Slahl, 58 Pa. 371; Thompson vs. McConnell, 1 Grant 396; Daniel vs. Daniel, 23 Pa. 198; Bull’s Appeal, 24 Pa. 286; Chartiers Twp. Road, 34 Pa. 413.
   The Supreme Court affirmed the order of the Quarter Sessions on November 9th, 1874, in the following opinion:

Per Curiam.

The record in this case sets forth sufficiently, though not with great precision, that the viewers did their whole duty in the view, and in procuring releases, and considering the question of damages. When the substantiate of the law appear to have been correctly performed, too much nicety cannot be required of plain men, unaccustomed to technical accuracy. We perceive no substantial error, and therefore affirm the proceedings, and order of the Court of Quarter Sessions.  