Geissinger v. Hellertown Borough
Pennsylvania Court of Common Pleas, Northampton County
No. 93 January Term 1890, Sup. Ct.; court below, No. 13 June Term 1885, C. P. On April 20, 1885, John A. Geissinger, as plaintiff, filed in the Court of Common Pleas a record from the Court of Quarter Sessions, showing an appeal entered by him in the last mentioned court on October 27, 1884, from an award of viewers filed and confirmed nisi October 13, 1884, assessing damages for the opening of a street through lands of the appellant in the borough of Hellertown.
Read the full summary
No. 93 January Term 1890, Sup. Ct.; court below, No. 13 June Term 1885, C. P. On April 20, 1885, John A. Geissinger, as plaintiff, filed in the Court of Common Pleas a record from the Court of Quarter Sessions, showing an appeal entered by him in the last mentioned court on October 27, 1884, from an award of viewers filed and confirmed nisi October 13, 1884, assessing damages for the opening of a street through lands of the appellant in the borough of Hellertown. On May 11, 1885, the defendant borough entered a rule on the plaintiff to declare, or judgment sec. reg. The plaintiff filed a…
1Opinion of the Court
Pee Cueiam :
We do not think the court below erred in refusing to dismiss the appeal. It was taken in the Quarter Sessions within the time required by the act of June 13, 1874. It is true, the record was not certified into the Common Pleas until more than thirty days had elapsed, but this may have been the omission of the clerk of the Sessions. Either party could have taken the record into the Common Pleas.
Nor do we find error in the charge of the court or the rulings of the learned judge upon the offers of evidence. The measure of damages,' as given to the jury, was the true rule, viz., was *528th…
2Cited by2 opinions
- Romberger AppealSuperior Court of Pennsylvania · 1959
- Reyenthaler v. PhiladelphiaSupreme Court of Pennsylvania · 1894