Strine v. York County
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1914, by defendant, from judgment of C. P. York Co., Aug. T., 1913, No. 87, on demurrer to statement in case of U. S. G. Strine v. York County.
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Appeal, No. 17, March T., 1914, by defendant, from judgment of C. P. York Co., Aug. T., 1913, No. 87, on demurrer to statement in case of U. S. G. Strine v. York County. Demurrer to statement in assumpsit to recover fees for serving on a jury of view appointed under the Act of June 23, 1911, P. L. 1123. From the record it appeared that the county of York objected to pay the fee of the plaintiff inasmuch as he had been appointed a viewer under the Act of June 23, 1911, P. L. 1123. It was contended that as the damages sustained were from the diversion of water by a water company, the viewers…
1Opinion of the Court
Opinion by
Kephart, J.,
Viewers were appointed by the court below from the board of viewers constituted under the Act of June 23, 1911, P. L. 1123, to assess damages occasioned to a lower riparian owner of land, by reason of the diversion of water from a stream by a corporation having the right of eminent domain. The appellant contends that the viewers should have been appointed under the Act of April 29, 1874, P. L. 73, sec. 41, and assigns as a reason therefor, that the language of the act of 1911, provides that these- viewers are to be appointed “to assess damages for the taking of land,”…
2Cases cited4 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. WilliamsSupreme Court of Pennsylvania · 1867
- Brocket v. Ohio & Pennsylvania RailroadSupreme Court of Pennsylvania · 1850
- Brown's PetitionSupreme Court of Pennsylvania · 1912
- Ferree v. Sixth Ward School District of AlleghenySupreme Court of Pennsylvania · 1872