Chestnut Hill & Spring House Turnpike Road Co. v. Montgomery County
Supreme Court of Pennsylvania
Appeal, No. 62, Jan. T., 1909, by defendant, from judgment of C. P. Chester Co., Jan. T., 1909, No. 9,. on verdict for plaintiff in case of Chestnut Hill and Spring House Turnpike Road Company v. Montgomery County. Petition for the appointment of viewers to condemn a turnpike road.
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Appeal, No. 62, Jan. T., 1909, by defendant, from judgment of C. P. Chester Co., Jan. T., 1909, No. 9,. on verdict for plaintiff in case of Chestnut Hill and Spring House Turnpike Road Company v. Montgomery County. Petition for the appointment of viewers to condemn a turnpike road. Before Hemphill, P. J. From the record it appeared that the proceedings were originally started in the court of quarter sessions in Montgomery county, June Term, 1907, No. 39, and that the venue was subsequently changed to Chester county where the trial was had. At the trial the court permitted Malcolm D.…
1Opinion of the Court
Opinion by
Mr. Justice Moschziskek,
The proceedings in this case are under the Act of June 2, 1887, P. L. 306, for the purpose of condemning a turnpike road. The jury of view in the quarter sessions assessed the damages at §23,870. The plaintiff appealed to the common pleas; in which court a jury trial was had, a verdict rendered, and judgment entered thereon for the sum of $61,000. The defendant has taken an appeal from that judgment.
The report of the jury of view was filed on November 18, 1907, and the words “confirmed nisi” appear thereon as of that date, but the court below held that this…
2Cases cited2 opinions
- West Chester & Wilmington Plank Road Co. v. County of ChesterSupreme Court of Pennsylvania · 1897
- Somerton TurnpikeSuperior Court of Pennsylvania · 1901
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