Simon v. Philadelphia

Kelley, J.,

This matter arises on plaintiff’s motion for a new trial. Its background begins on December 27, 1945, when, by ordinance, defendant city condemned, through plaintiff’s land, a right of way for the Byberry Creek collecting sewer, a part of the Northeast Sewerage Treatment Works. On August 25, 1954, this right of way was appropriated by notices to proceed. A board of view was appointed and on July 11, 1957, damages were assessed in favor of plaintiff in the sum of $7,850. On July 23, 1957, and on August 7, 1957, the city and plaintiff, respectively, appealed from this award.

On May…