Brewer Et Ux. v. Commonwealth

Opinion by

Mr. Justice Parker,

Viewers appointed to assess damages arising out of a relocation and improvement of State Highway Route No. 70 awarded damages to the plaintiffs and the Commonwealth appealed to a court of common pleas. That court dismissed the proceedings on the ground that there had been no taking of plaintiffs’ property “within the contemplation of the law”.

Plaintiffs’ land abutted on the westerly line of the old highway. By the relocation the width of the right of way was increased from forty to eighty feet, all the land necessary to widen the right of way being taken from the…