Singer v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 342, Jan. T., 1915, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 1264, on verdict for plaintiff, in case of Susan E. Singer v. The Delaware, Lackawanna and Western Railroad Company. Appeal from award of a board of viewers in condemnation proceedings. Before Newcomb, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,000 and judgment thereon. Defendant appealed.
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Appeal, No. 342, Jan. T., 1915, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 1264, on verdict for plaintiff, in case of Susan E. Singer v. The Delaware, Lackawanna and Western Railroad Company. Appeal from award of a board of viewers in condemnation proceedings. Before Newcomb, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,000 and judgment thereon. Defendant appealed. Error assigned, among others, was in discharging defendant’s rule to show cause why an appeal should not be stricken off.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the exercise of its power of eminent domain, the Delaware, Lackawanna and Western Railroad Company appropriated, for railroad purposes, land of Susan E. Singer. In due course it presented to the court below a petition for the appointment of viewers, to assess the damages. The viewers were appointed and, on September 17,1913, they filed their report in the office of the protbonotary, awarding to Mrs. Singer tbe sum of f1,000, as damages. Tbe filing of tbe report is shown by tbe endorsement of tbe protbonotary thereon, “Report filed 9/17/13,” and also by tbe…
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