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HENRY v. ALLEGHENY COUNTY

403 Pa. 272 (1961)

Henry, Appellant, v. Allegheny County.

Supreme Court of Pennsylvania.

April 17, 1961.

Attorney(s) appearing for the Case

Leonard M. Mendelson, for appellants.

Frank J. Zappala, Jr., Assistant County Solicitor, with him John W. Mamula, Second Assistant County Solicitor, and Maurice Louik, County Solicitor, for Allegheny County, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, April 17, 1961:

The County of Allegheny appealed to the court below the viewers' award of $14,560 in favor of the plaintiffs as damages for a taking by the county of the property of the plaintiffs for highway improvement. The county denied liability on the ground that the statute of limitations was a bar to the plaintiffs' claim. The matter was submitted to the court below on a case stated whereon the hearing judge, adopting the...

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