Rush v. Allegheny County

Opinion by

Dithbich, J.,

This is an appeal from the discharge of a rule to show cause why the cost of preparing an engineer’s plan of plaintiff’s property, a portion of which was appropriated in an eminent domain proceeding, should not be taxed as part of the costs in the case and paid' by the County of Allegheny.

On petition of plaintiff, viewers were appointed to assess damages for property taken, injured or destroyed, in the improvement by the County, of Moss Side Boulevard, a county highway. Although it is the duty of the county to furnish viewers with a plan of all properties affected and…