Sensenig v. Lancaster County

Citations

• 30 Pa. Super. 224
• 1906 Pa. Super. LEXIS 52

Syllabus

<p>Road law — Costs—Opening street — Vacation of street.</p> <p>On an appeal from an award of a jury of view in proceedings under the Act of April 18, 1873, P. L. 811, relating to the city of Lancaster, the defendant city offered at the trial an ordinance vacating the street as to the opening of which damages had been awarded. The court thereupon directed the jury to render a verdict for defendant, and at the same time made an order “that the defendant pay all costs and expenses incurred by the plaintiff in this suit.” No judgment was entered on the verdict. The court subsequently appointed a master to report as to the costs and expenses, and the master reported in favor of the plaintiff. Held, that the city was legally liable for the costs and expenses incurred both in the quarter sessions and the common pleas, notwithstanding the verdict in favor of the defendant.</p>