179 Pa. 630 | Pa. | 1897
Opinion by
There is no foundation for the complaint that the appellant was denied a hearing in the common pleas. She had the fullest opportunity to be heard, and the record of the proceedings in court indicates a desire on her part to avoid a hearing and de
The proposition that the proceeding before the viewers, the appearance, the introduction of testimony and the filing of exceptions, were preparatory only and preliminary to a hearing before the court is not sustained by the decision in Travers’s Appeal, 152 Pa. 129, or Pittsburg Manufacturing Co.’s Appeal, 158 Pa. 464, and it is wholly untenable. This is the proceeding provided by the act of 1891 for the ascertainment of benefits and damages, with the right of appeal, and to demand a trial by jury. The hearing by the court is upon exceptions to the report of viewers, and the court has power to modify or change its assessments or to refer the report back to the same or to a new jury. It is the duty of thé court to superAÚse and review the work of the viewers and to correct errors to which its attention is called
The decree is affirmed at the cost of the appellant.