Reap v. City of Scranton

Citations

• 7 Pa. Super. 32
• 1898 Pa. Super. LEXIS 226

Syllabus

<p>Actions — Eminent domain — Trespass.</p> <p>When a party aggrieved institutes proceedings to have damages assessed as if there had been a taking in the exercise of the right of eminent domain, and the action falls by reason of the determination of the fact that there had not been such taking as entitled him to have the damages assessed in that way, the remedy of trespass or ejectment survives. The plaintiff cannot be said to be bound by an election of remedies.</p>