35 A.2d 64 | Pa. | 1943
This appeal by the Commonwealth is from an order of the learned court below directing the payment of interest on a verdict obtained against it in an eminent domain proceeding.
The action arose through the condemnation of .38 of an acre of land of appellee, Rodney Culver, by the State Department of Highways, in the improvement of State Highway No. 82, section 8, in Vernon Township, Crawford County. Viewers made an award of $1100, and appellee appealed to the court of common pleas and a verdict in his favor of $2500 was rendered. Upon refusal of its motion for a new trial and the entry of judgment on the verdict, the Commonwealth appealed to this Court, alleging error in the charge to the jury. We, being convinced that there was error but that it was harmless, affirmed the judgment (
The Commonwealth does not now dispute its liability for payment of the costs, nor could it effectively do so, in view of our recent decision in Tunison v. Commonwealth,
As to payment of interest by the State, we said, inPhiladelphia v. Commonwealth,
The learned court below was of the opinion that the Act of April 25, 1929, P. L. 777, as amended by the Act of March 26, 1931, P. L. 10,* has obligated the Commonwealth to pay interest under the facts of this case — this being an eminent domain proceeding. A reading of this *475
statute reveals that this was error. In Tunison v.Commonwealth, supra, we said (p. 78): ". . . it is axiomatic that a statute is never presumed to deprive the state of any prerogative, right or property unless the intention to do so is clearly manifest, either by express terms or necessary implication. Baker et al. v. Kirschnek et al.,
We are satisfied the order of the court below must be modified to relieve the Commonwealth of the payment of interest on the verdict.
Order, as modified, affirmed.