Opinion
Argued November 3, 1977
December 13, 1977.
Appeals — Entry of judgment on verdict — Eminent domain.
1. In an eminent domain proceeding no appeal lies to the Commonwealth Court of Pennsylvania from a jury verdict upon which no judgment has been entered. [17]
Argued November 3, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.
Appeal, No. 260 C.D. 1977, from the Order of the Court of Common Pleas of Allegheny County in case of WWSW Radio, Incorporated v. Commonwealth of Pennsylvania, Department of Transportation, No. 2172 July Term, 1972.
Declaration of taking in the Court of Common Pleas of Allegheny County. Viewers appointed and award filed. Condemnee appealed. Jury trial held. Verdict rendered. Condemnor filed motion for new trial. Motion denied. Condemnor appealed to the Commonwealth Court of Pennsylvania. Held: Appeal quashed.
Bartley R. Simeral, Special Assistant Attorney General, with him Robert W. Cunliffe, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.
J. Tomlinson Fort, with him Anthony J. Basinski, and Reed, Smith, Shaw McClay, for appellee.
It appearing upon an examination of the record in this case that no judgment was entered below on the jury's verdict, we are compelled to quash this appeal. General Electric Credit Corporation v. Aetna Casualty and Surety Company, 437 Pa. 463, 263 A.2d 448 (1970).
ORDER
AND NOW, this 13th day of December, 1977, it is ordered that the appeal in this matter be and it is hereby quashed.