Schuylkill R. v. Harris
Supreme Court of Pennsylvania
ERROR TO THE COURT OR COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 79 January Term 1889, Sup. Ct.; court below, No. 773 December term Í88o, C. P. No. 2. On January 30, 1886, a petition was filed by the Schuylkill River East Side Railroad Company for the appointment of viewers to assess damages for the entry upon and occupation of the land of H. G. Harris, in thte 26th ward, Philadelphia.
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ERROR TO THE COURT OR COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 79 January Term 1889, Sup. Ct.; court below, No. 773 December term Í88o, C. P. No. 2. On January 30, 1886, a petition was filed by the Schuylkill River East Side Railroad Company for the appointment of viewers to assess damages for the entry upon and occupation of the land of H. G. Harris, in thte 26th ward, Philadelphia. On January 18, 1887, a report of viewers was filed awarding damages to H. G. Harris in the sum of $3,250, and on January 26th, Amanda G. Harris, to whom as the real owner of the land all damages had been…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The material question presented by this record is, whether a party who appeals from an assessment of damages by viewers appointed under the general railroad law of February 19, 1849, may, after issue joined on the appeal by agreement of parties, a verdict in the issue on its merits, and a new trial ordered, withdraw the appeal without the consent of the opposite party, and have judgment on the rep)ort of viewers.
The law allows either pmrty to appeal from the rep>ort of the viewers within thirty days from the filing of it, but is silent as to the effect of an…
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- Bosacco v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1983
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