Seaboard Surety Co. v. Commonwealth

Opinion by

Mr. Justice Patterson,

This is an appeal by the Commonwealth of Pennsylvania from the order of the court below vacating an arbitration award in its favor because of misconduct of tbe arbitrators.. Where a Board of Arbitration secures ex parte evidence upon a fundamental issue of fact after the matter has been submitted to it for determination, and no notice thereof or opportunity to attack such evidence has been given to the claimant, are the arbitrators guilty of such misconduct within the meaning of Section 10 of the Act of 1927, P. L. 381, 5 P.S. Section 170, which would warrant…