Gwinner v. Lehigh & Delaware Gap Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county. On the petition of William Gwinner, the Court of Common Pleas, on the 2d October 1865, appointed viewers to assess the damages done to his real estate by the construction over it of the road of the Lehigh and Delaware Water Gap Railroad Company.
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Error to the Court of Common Pleas of Northampton county. On the petition of William Gwinner, the Court of Common Pleas, on the 2d October 1865, appointed viewers to assess the damages done to his real estate by the construction over it of the road of the Lehigh and Delaware Water Gap Railroad Company. On the 28th of November 1865 the report of the viewers, assessing the petitioner’s damages at $3120, was filed and confirmed nisi, to become absolute and judgment to be entered on it unless exceptions be filed in twenty days. On the 15th of December 1865 the time for filing exceptions was…
1Opinion of the Court
The opinion of the court was delivered, May 14th 1867, by
Agnew, J.
— The question in this case is whether the Act of 9th April 1856, Pamph. L. 288, repeals the Act of 27th April 1855, Pamph. L. 365, as to the time when an appeal shall be taken from the award of viewers of damages: Purd. 1861, 839-40, pl. 14, 16. Under the Act of 1855 the appeal must be taken within thirty days after the confirmation of such report. The Act of 1856 enacts, “ and upon the report of said viewers or any four of them being filed in said court, either party, within thirty days thereafter, may file.his or their…
2Cited by6 opinions
- Wise v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1918
- Singer v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
- Fort Pitt B. & L. Ass'n v. Model Plan B. & L. Ass'nSupreme Court of Pennsylvania · 1893
- Bowers v. Braddock BoroughSupreme Court of Pennsylvania · 1896
- Coyne v. Southern Pac. Co.U.S. Circuit Court for the District of Utah · 1907
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