Altoona & Logan Valley Electric Railway Co. v. Miller

Citations

• 49 Pa. Super. 102
• 1912 Pa. Super. LEXIS 290

Syllabus

<p>Street railways — Eminent domain — Award of viewers — Appeal— Act of June 1,1907, P. L. 868.</p> <p>Where a report of viewers awarding damages against a street railway-company for land condemned is filed and marked “within report read and confirmed nisi,” and one month thereafter is marked by the prothonotary “no exceptions having been filed confirmed absolutely,” an appeal taken ten days thereafter is too late and will be stricken off by the court. Under the Act of June 1, 1907, P. L. 368, the appeal must be taken within thirty days after the first confirmation. The mere fact that the court added the word “nisi” is immaterial. By using the word the court may have intended merely to afford an opportunity to file exceptions, or to preserve the right of appeal for thirty days.</p>