Kohler v. Butler County
Superior Court of Pennsylvania
Appeal, No. 167, April T., 1906, by defendant, from judgment of G. P. Butler Co., Sept. T., 1904, No. 82, on verdict for plaintiff in case of Frank X. Kohler v. County Commissioners of Butler County. Appeal from report of a jury of view. Before Galbbeath, P. J. The facts are stated in the opinion of the Superior. Court. Verdict and judgment for plaintiff for $1,120. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
The origin of this case was a proceeding in the quarter sessions of Butler county to lay out a public road, a portion of which passed through the land of the plaintiff. In that proceeding the report of re-reviewers in favor of the road was confirmed absolutely by the court and the road ordered to be opened through plaintiff’s land, on July 11, 1904. On the same day the plaintiff appealed to the common pleas of Butler county because the re-reviewers allowed him no damages. On August 4, 1904, the court awarded an issue to try and determine the question of the plaintiff’s…
2Cases cited1 opinion
- Huntingdon Co. v. KauffmanSupreme Court of Pennsylvania · 1889