Opening of Second Avenue in the Borough of Conshohocken

Superior Court of Pennsylvania
Opening of Second Avenue in the Borough of Conshohocken, 7 Pa. Super. 62 (1898)
1898 Pa. Super. LEXIS 233
Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

Opening of Second Avenue in the Borough of Conshohocken

Opinion of the Court

Opinion by

Rice, P. J.,

We have held, in the case immediately preceding, that the petitioner was entitled to payment of his damages upon confirm*63ation of the report assessing them; and no reason has been shown to ns for holding that he was not entitled to interest from that date. It is a common rule to allow interest for the detention of money after it should have been paid, and this rule was applicable here: North Whitehall v. Keller, 100 Pa. 105; Phila. v. Dyer, 41 Pa. 463; Norris v. Phila., 70 Pa. 332; Sedgeley Ave., 88 Pa. 509.

The order awarding a mandamus is modified and amended so as to include interest on the damages awarded to Horace C. Jones from December 7,1896, the date of the confirmation absolute of the report, and as thus modified or amended the order is affirmed, the appellees to pay the costs of this appeal.

Reference

Full Case Name
Opening of Second Avenue in the Borough of Conshohocken. Jones's Appeal
Cited By
1 case
Status
Published
Syllabus
Road law — •Confirmation of report of viewers — Interest allowed. Where a landowner becomes entitled to damages for opening a street through his property, upon confirmation of the report of the jury assessing them he also becomes entitled to interest from that date.