Legal Opinion

Brown's Petition

Supreme Court of Pennsylvania

Decided April 8, 1912No. Appeal, No. 24PublishedCited by 2 opinions

Appeal, No. 24, Jan. T., 1912, by Martha M. Brown and Mary J. B. Chew, from decree of C. P. Delaware Co., Dec. T., 1910, No. 216, dismissing petition of appellants for appointment of Jury of view. Petition for the appointment of seven viewers under the Act of February 19, 1849, P. L. 84. The opinion of the Supreme Court states the case. Error assigned was order refusing the petition.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

It appears from the record in this case, that Martha M. Brown and Mary J. B. Chew, presented to the Court of Common Pleas of Delaware County, a petition for the appointment of seven viewers under the Act of February 19, 1819, P. L. 79, to assess damages for lands of the petitioners taken by the Philadelphia and Western Railway Company for railroad purposes. The court below refused the petition on the ground that it should have been presented under the provisions of the Act of June 23, 1911, P. L. 1123, for the appointment of three viewers. The petitioners have…

2Cases cited3 opinions

  1. County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
  2. Reber's PetitionSupreme Court of Pennsylvania · 1912
  3. Lamoreux v. County of LuzerneSupreme Court of Pennsylvania · 1887

3Cited by2 opinions

  1. Seltzer v. Commonwealth, Pennsylvania Court of Common Pleas, Schuylkill County1946
  2. Strine v. York CountySuperior Court of Pennsylvania · 1914

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