Speers Borough School District v. Commonwealth

Opinion by

Mr. Justice Arnold,

The Commonwealth appeals from the judgment of the court below dismissing its appeal from the award of viewers, and directing entry of judgment against it *208for damages resulting from the taking of the School District’s land for highway slope purposes.

The land was taken under authority of the State Highway Law of 1945, P. L. 1242, 36 PS §670-101, -301, -303, -304, which provides, inter alia: “Before the department [of highways] shall undertake the construction ... or improvement of any State highway, wherein a change of width or of existing lines ... is necessary,…