Wood v. Trustees of State Hospital for the Insane
Supreme Court of Pennsylvania
Appeal, No. 488, Jan. T., 1894, by defendant, from judgment of C. P. Warren Co., March T., 1893, No. 91, on verdict for plaintiff. Rule for leave to discontinue condemnation proceedings, on appeal from jury of view. From the record it appeared' that defendant entered upon and took possession of plaintiff’s property, and petitioned for the appointment of a jury of view. Viewers were appointed who awarded plaintiff $10,341 as damages.
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Appeal, No. 488, Jan. T., 1894, by defendant, from judgment of C. P. Warren Co., March T., 1893, No. 91, on verdict for plaintiff. Rule for leave to discontinue condemnation proceedings, on appeal from jury of view. From the record it appeared' that defendant entered upon and took possession of plaintiff’s property, and petitioned for the appointment of a jury of view. Viewers were appointed who awarded plaintiff $10,341 as damages. Defendants, being dissatisfied with the award, procured a rule for leave to discontinue the condemnation proceedings. The court discharged the rule in the…
1Opinion of the Court
Opinion by
Mr. Chieit Justice Sterrett,
One of the questions presented ly this record is whether the learned court erred in discharging defendant’s rule for leave to discontinue their proceeding for the assessment of damages, etc. If leave to discontinue was thus rightly refused, it follows that there was no error in proceeding with the issue to determine the amount of plaintiff’s damages, nor in rejecting on the trial thereof, the offers of evidence referred to in the sixth and seventh specifications of error. These offers are to show the same facts that were urged by defendants in support of…
2Cited by17 opinions
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- Reinbold v. CommonwealthSupreme Court of Pennsylvania · 1935
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