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COMMONWEALTH v. LARKIN AND CO. INC.

371 Pa. 594 (1952)

Commonwealth v. Larkin and Company, Inc., Appellant.

Supreme Court of Pennsylvania.

November 18, 1952.

Attorney(s) appearing for the Case

Lee C. McCandless, with him Samuel W. Greer and Greer & Greer, for appellant.

John C. Dillon, Jr., with him John R. Rezzolla, Jr., Joseph J. Laws, Thomas C. Evans, Phil H. Lewis, Deputy Attorney General, and Robert E. Woodside, Attorney General, for appellee.

Paul E. Beaver, Assistant Counsel, with him Albert E. Luttrell, Assistant Counsel and Lloyd S. Benjamin, Acting Counsel, for Pennsylvania Public Utility Commission, intervenor appellee.

Before STERN, STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE CHIDSEY, November 18, 1952:

The decision in this case depends upon the validity of the order of the court below reading as follows: "Now, January 30, 1952, for the reasons hereinabove set forth, a writ of possession is directed to issue, to W.H. Larkin and Company, Inc., requiring it to remove its facilities and crane from the viaduct or elevated street known as the Wayne Street Viaduct."

Exceptions filed to this order on behalf of Larkin...

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