Sinking Spring Water Co. v. Gring

• Decision Date: 23 March 1917
• Docket Number: 344
• Citation: 101 A. 732,257 Pa. 340
• Parties: Sinking Spring Water Co. v. Gring, Appellant
• Court: Pennsylvania Supreme Court

101 A. 732

257 Pa. 340

Sinking Spring Water Co. v. Gring, Appellant

No. 344

Supreme Court of Pennsylvania

March 23, 1917

Argued: February 27, 1917

Appeal, No. 344, Jan. T., 1916, by defendant, from decree of C.P. Berks Co., April T., 1916, No. 18, dismissing exceptions to petition for appointment of viewers in the case of Sinking Spring Water Company v. Catharine Gring. Appeal quashed.

Exceptions to petition for the appointment of viewers. Before ENDLICH, P.J.

The opinion of the Supreme Court states the case.

The court dismissed the exceptions. Catharine Gring appealed.

Error assigned was in dismissing the exceptions.

Appeal quashed.

Cyrus G. Derr, for appellant.

Edgar S. Richardson, for appellee, was not heard.

Before BROWN, C.J., MESTREZAT, STEWART, MOSCHZISKER and FRAZER, JJ.

OPINION

PER CURIAM:

This appeal is from the dismissal of exceptions to the petition of the appellee for the appointment of viewers to assess the damages, if any, sustained by the appellant in its taking her property in the exercise of an alleged right of eminent domain. The action of the court below is clearly not a final decree. No judgment or decree is final that does not terminate the litigation between the parties to the suit: Pennsylvania Steel Company's App., 161 Pa. 571. The appeal is, therefore, quashed, at appellant's costs, without prejudice to her right to raise, in this court, on appeal from a final decree against her in this proceeding, or by a proper independent proceeding to be instituted by her, the question of the right or franchise of the appellant to take her property.

Appeal quashed.