Frazee v. Manufacturers Light & Heat Co.

Citations

• 20 Pa. Super. 420
• 1902 Pa. Super. LEXIS 254

Syllabus

<p>Corporations — Eminent domain — Viewing the premises — Pipe lines.</p> <p>The Act of May 21, 1895, P. L. 89, entitled “ An act relating to actions brought to ascertain or recover damages for appropriation of rights of way or easements in lands by corporations invested with the right of eminent domain and empowering and authorizing owners of land and corporations, municipal or otherwise, desiring to exercise the right of eminent domain in such lands to waive the assessment of damages by viewers and granting the right to either party to demand and have the jury engaged in trying such action visit and view said land and premises,” only applies to such actions as are brought directly to recover damages without the intervention of viewers to assess the damages. Where the case arises by appeal from the award of viewers, neither party can demand as of right that the jury shall visit and view the premises.</p>