Schuylkill R. v. Harris

Citations

• 124 Pa. 215
• 23 W.N.C. 262
• 16 A. 838
• 1889 Pa. LEXIS 1023

Syllabus

<p>1. An appeal by either party from the award of viewers in an assessment of damages, under the general railroad law (§11, act of February 19, 1849, P. L. 84; § 3, act of April 9, 1856, P. L. 288), operates for the benefit of both parties, and after the time within which it is to bo taken has expired, it may not be withdrawn without consent.</p> <p>2. Where, however, the court, at the instance of the appellant and after the time limited, has erroneously ordered an appeal to be withdrawn, report to be confirmed and judgment to be entered on the award, the other party is not entitled to enter an appeal nunc pro tune, but the erroneous order will be vacated.</p> <p>3. Brown v. Corey, 43 Pa. 495, followed; King v. Sloan, 1 S. & It. 77, and Hostetter v. Kaufman, 11 S. & It. 146, cases relating to an appeal from an award made under the arbitration law, distinguished.</p>