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CHEW v. COMMONWEALTH

400 Pa. 307 (1960)

Chew, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

June 3, 1960.

Attorney(s) appearing for the Case

Frederick H. Spotts, with him John B.H. Donaldson, Thomson F. Edwards, and Lippincott & Donaldson, and Pepper, Hamilton & Sheetz, for appellants.

Frank E. Roda, with him John R. Rezzolla, and Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and EAGEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 3, 1960:

On July 8, 1905, the Philadelphia Western Railway Company condemned for railroad purposes in Delaware and Chester Counties a strip of land 5487.2 feet long and 90 to 150 feet wide, comprising 14.27 acres. The board of viewers awarded damages to the owners of the land, Mary J.B. Chew and Martha Brown, in the sum of $73,221.33. By virtue of these proceedings the railroad company acquired a fee simple defeasible in the land...

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