Opening of Parkway
Supreme Court of Pennsylvania
Appeals, Nos. 264-6, Jan. T., 1920, by the City of Philadelphia, from orders and judgments of Q. S. Phila. Co., June T., 1916, Docket 64, page 450, in the Matter of the Opening of the unopened Portion of the Parkway between City Hall and Fairmount Park. Buie to amend mandamus. Before Davis, J. Buie to strike off certain amendatory words from writ of mandamus. Buie to vacate confirmation of award of viewers, and subsequent mandamus, and to allow an appeal nunc pro tunc.
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Appeals, Nos. 264-6, Jan. T., 1920, by the City of Philadelphia, from orders and judgments of Q. S. Phila. Co., June T., 1916, Docket 64, page 450, in the Matter of the Opening of the unopened Portion of the Parkway between City Hall and Fairmount Park. Buie to amend mandamus. Before Davis, J. Buie to strike off certain amendatory words from writ of mandamus. Buie to vacate confirmation of award of viewers, and subsequent mandamus, and to allow an appeal nunc pro tunc. The opinion of the Supreme Court states the facts. The court made absolute the first rule and discharged the other two. The…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Claimant’s property on the Parkway, Philadelphia, was condemned by the city under the right of eminent domain; the' date of taking is conceded to be December 9, 1909, although jurors to assess damages were not designated until July 5, 1916. The board of view filed its report July 25, 1918, awarding, inter alia, $176,489 to plaintiff, with “compensation for delay in payment of the same at the rate of six per cent per annum from December 9, 1909.” This adjudication of damages, while put in dual form, is really a single award, and, when confirmed, September 13,…
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