Opinion
April 23, 1937.
June 25, 1937.
Eminent domain — Damages — Construction of highway connecting state roads — Law applicable — Act of April 27, 1927, P. L. 409.
1. Under the Act of April 27, 1927, P. L. 409, which provides that damage occasioned by the building of a road connecting two or more state highways shall be paid in the same manner as is now provided by law, such damage is to be determined and paid as provided by law at the time of the passage of the statute, and not at the time when the statute is invoked.
Statutes — Construction — Exclusion of words.
2. No words of a statute are to be excluded from consideration or held meaningless unless no other construction is reasonably possible.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 203, Jan. T., 1937, from decree of Superior Court, Oct. T., 1936, No. 327, affirming decree of Q. S. Delaware Co., Dec. T., 1935, No. 4, in re petition of William Easby, Jr., et al., surviving trustees, for jury of view to assess damages against the Commonwealth caused by the construction of state highway, etc. Decree affirmed.
Petition for jury of view.
The facts are stated in the opinion of the Superior Court, reported at 124 Pa. Super. 578.
Petition for appointment of viewers to assess damages against Commonwealth dismissed, opinion by FRONEFIELD, P. J. Petitioners appealed.
Error assigned was dismissal of petition.
Albert J. Williams, County Solicitor, for amicus curiae.
Philip C. Pendleton and E. Wallace Chadwick, for appellants.
John J. Stetser, with him Charles J. Margiotti, Attorney General, and George W. Keitel, Assistant Deputy Attorney General, for appellee.
Argued April 23, 1937.
The decree is affirmed at appellant' cost on the opinion of Judge BALDRIGE reported at 124 Pa. Super. 578.