145 A. 282 | Pa. | 1929
Argued January 7, 1929.
After the Superior Court's approval of an order of the public service commission directing the work to be done in abolishing a grade crossing (Borough of Marcus Hook v. Pub. Serv. Com.,
Section 3 of the Act of June 3, 1915, P. L. 779, 780, amending section 17 of the Public Service Company Law, provides that "in case of an appeal from the award of damages or compensation by the [public service] commission, __________ the appeal shall, in case any party is entitled to demand a jury trial under section 8 of article XVI of the Constitution of this Commonwealth, be to the courts of the proper county thereof, but in all other cases shall be to the said Superior Court." It will be noticed, it is only "in case of an appeal from the award of damages or compensation," if there is also a constitutional right "to demand a jury trial," that the appeal shall "be to the courts of the proper county," that is, to the common pleas courts. If that dual situation does not exist, there is then one of "other cases" regarding which the statute peremptorily declares the appeal "shall be to the said Superior Court." Here, there was no award of damages, the property owners appealed to the wrong tribunal, and their appeals should have been quashed by it.
The exact question above decided has never heretofore been presented to or argued in this court or the Superior Court, nor has any assignment of error even suggested it. The case nearest in point is Donnelly v. Pub. Serv. Com.,
The order of the court below in each of the thirteen cases is reversed, and each appeal from the decision of the public service commission to the court of common pleas is quashed at the cost of appellant in that court. *342